Document ID: chunk:federal_register_of_legislation:C2004C01310:clause:1_56:p1
Version: federal_register_of_legislation:C2004C01310
Segment Type: clause
Provision Reference: sch 1 cl 56 (pt 1/3)
Character Range: 70755–73408

56  Circumstances when 24 hour care limit applies

Overview of section

 (1) This section sets out the circumstances in which a 24 hour care limit for sessions of care provided to a child applies in a week to the eligibility of certain fee reduction claimants (see paragraph 52(1)(a)). A 24 hour care limit can only apply if the care is provided by an approved child care service other than an approved occasional care service.

Meaning of fee reduction claimant and approved child care service

 (2) In this section (other than subsection (1)):
 (a) fee reduction claimant does not include an individual if the care the individual is eligible for is provided by an approved occasional care service; and
 (b) approved child care service does not include an approved occasional care service.

24 hour care certified by a service—if claimant is an individual

 (3) Subject to subsection (5), a 24 hour care limit applies in the week to a fee reduction claimant who is an individual if the approved child care service providing care to the child certifies that the child needs, or needed, 24 hour care in the week for one or more 24 hour care periods specified in the certificate, because neither the claimant, nor the claimant's partner (if any), is able to care for the child during those periods for the reason that:
 (a) both the claimant and the claimant's partner (if any) have work related commitments during those periods; or
 (b) exceptional circumstances exist during those periods.

24 hour care certified by a service—if claimant is a service

 (4) Subject to subsection (5), a 24 hour care limit applies in the week to a fee reduction claimant that is an approved child care service if:
 (a) the person in whose care the child last was before the first session of care in the week is an individual; and
 (b) the service certifies that the child needs, or needed, 24 hour care in the week for one or more 24 hour care periods specified in the certificate, because neither the individual, nor the individual's partner (if any), is able to care for the child during those periods for the reason that:
 (i) both the individual and that individual's partner (if any) have work related commitments during those periods; or
 (ii) exceptional circumstances exist during those periods.

Limitation on service giving certificates under subsection (3) or (4)

 (5) An approved child care service may only give a certificate under subsection (3) or (4) if the number of 24 hour care periods specified in the certificate in relation to a child, together with the number of 24 hour care periods specified in each other certificate (if any) given by the