Document ID: chunk:federal_register_of_legislation:C2023C00393:clause:2_67cc:p1
Version: federal_register_of_legislation:C2023C00393
Segment Type: clause
Provision Reference: sch 2 cl 67CC (pt 1/2)
Character Range: 108171–110840

67CC  Determination of individual's eligibility for CCS by fee reduction

Determination on effective claim
 (1) If an individual makes an effective claim in respect of a child for CCS by fee reduction, the Secretary must determine:
 (a) if, when making the determination, the Secretary is satisfied that the requirements in subparagraphs 85BA(1)(a)(i) to (iv) of the Family Assistance Act are met in relation to the claim—that the individual is eligible for CCS by fee reduction for the child; and
 (b) if not so satisfied—that the individual is not eligible for CCS by fee reduction for the child.

Cessation of eligibility
 (2) The Secretary may determine that an individual for whom a determination under paragraph (1)(a) is in effect in relation to a child is not eligible for CCS by fee reduction for the child, if any of the following apply:
 (a) the Secretary is satisfied that the individual has ceased to be eligible, and is not reasonably likely to become eligible again, for CCS by fee reduction for sessions of care provided to the child;
 (b) the Secretary has made determinations under subsection 67CD(8) (the individual is not entitled to be paid CCS or ACCS for sessions of care provided to the child) for at least 52 consecutive weeks (otherwise than because of subsection 105E(2));
 (c) the child ceased to meet the immunisation requirements in section 6 of the Family Assistance Act more than 63 days ago.

Cessation of eligibility on request
 (3) The Secretary may determine that an individual for whom a determination under paragraph (1)(a) is in effect in relation to a child is not eligible for CCS by fee reduction for the child, if the individual requests the Secretary, in a form and manner approved by the Secretary, to do so. The Secretary may make the determination despite the individual being eligible.

Date of effect
 (4) A determination made under paragraph (1)(a):
 (a) takes effect on the day specified in the determination, which must be the first day for which the Secretary is satisfied that the requirements in subparagraphs 85BA(1)(a)(i) to (iv) of the Family Assistance Act are met that is also:
 (i) the first Monday of a CCS fortnight; and
 (ii) not more than 28 days before the day the claim was made; and
 (b) continues in effect until any of the following happens:
 (i) it is superseded by a determination made under subsection (2) or (3);
 (ii) it is set aside on review;
 (iii) a day or event (if any) specified in the determination as the day or event on which the determination ceases to have effect;
 (iv) the individual dies.
 (5) A determination made under paragraph (1)(b) has effect from the day the determination