Document ID: chunk:federal_register_of_legislation:C2004C01310:clause:2_64b
Version: federal_register_of_legislation:C2004C01310
Segment Type: clause
Provision Reference: sch 2 cl 64B
Character Range: 272108–274556

64B  Varying determination so that a limit of more than 50 hours in a week applies

Determination to which this section applies

 (1) This section applies to a determination of a weekly limit of hours:
 (a) in force under section 50H in respect of a claimant who is an individual and a child; or
 (b) in force under section 54C in respect of a claimant that is an approved child care service and a child.

Variation by Secretary on application

 (2) A determination to which this section applies may be varied by the Secretary on application so that a limit of more than 50 hours in a week applies if:
 (a) a circumstance listed in subsection 55(2), (3), (4), (5) or (8) of the Family Assistance Act applies in the week; and
 (b) a 24 hour care limit does not apply in the week.

Amount of limit

 (3) If the Secretary varies the determination because a circumstance listed in the section referred to in paragraph (2)(a) applies, the amount of the limit of hours more than 50 is the particular number of hours worked out using the relevant subsection.

Who may apply

 (4) An application under subsection (2) must be made by:
 (a) the claimant, if a circumstance listed in subsection 55(2), (3), (4) or (5) of the Family Assistance Act applies in the week; or
 (b) the approved child care service providing the care to the child, if a circumstance listed in subsection 55(8) of the Family Assistance Act applies in the week.

Variation if an approved child care service gives certificate

 (5) A determination to which this section applies is taken to have been varied so that a limit of more than 50 hours in a week applies if the approved child care service providing the care to the child gives a certificate under subsection 55(6) of the Family Assistance Act in respect of the week. The amount of the limit of hours more than 50 is the particular number of hours worked out by the service using that subsection.

Section 59F and 62C variations prevail

 (6) If:
 (a) when a variation under subsection (2) takes place, a variation is in force under section 59F or 62C; and
 (b) the variation under section 59F or 62C has effect for any period when the variation under this section would have effect;
the variation under section 59F or 62C prevails over the variation under this section unless the variation under this section takes place because a circumstance listed in subsection 55(8) of the Family Assistance Act applies in a week.