Document ID: chunk:federal_register_of_legislation:C2011C00636:clause:1_71g
Version: federal_register_of_legislation:C2011C00636
Segment Type: clause
Provision Reference: sch 1 cl 71G
Character Range: 26097–28291

71G  Debts arising in respect of child care benefit where fee reduction or enrolment advance paid to service—debt owed by service

 (1) If:
 (a) either:
 (i) an amount is paid under section 219Q to a person that is an approved child care service (weekly fee reduction payments); or
 (ii) such an amount would be paid, but for a set off under subsection 82(2) or section 219QA or 219RC; and
 (b) the service's approval is suspended under this Act or cancelled under section 200, or the service ceases to operate, before a session of care in respect of which the payment was made;
so much of the amount of the fee reduction paid as relates to that session of care is a debt due to the Commonwealth by the service immediately before its approval was suspended or cancelled, or it ceased to operate.

 (2) If:
 (a) an amount is required to be set off under subsection 219QA(3) against the payment of another amount to a person that is an approved child care service (payment where recalculation reduces the amount of a fee reduction); and
 (b) the service's approval is suspended under this Act or cancelled under section 200, or the service ceases to operate; and
 (c) the amount has not already been set off against another amount under subsection 219QA(3) by the day the service's approval is suspended or cancelled, or the service ceases to operate;
the amount is a debt due to the Commonwealth by the service immediately before its approval was suspended or cancelled, or it ceased to operate.

 (3) If:
 (a) either:
 (i) an amount is paid under section 219RA to an approved child care service (payment of enrolment advances); or
 (ii) such an amount would be paid, but for a set off under subsection 82(2) or section 219QA or 219RC; and
 (b) the service's approval is suspended under this Act or cancelled under section 200, or the service ceases to operate; and
 (c) the amount has not already been set off against another amount under section 219RC by the day the service's approval is suspended or cancelled, or the service ceases to operate;
the amount is a debt due to the Commonwealth by the service immediately before its approval was suspended or cancelled, or it ceased to operate.