Document ID: chunk:federal_register_of_legislation:C2011C00636:clause:1_219ba
Version: federal_register_of_legislation:C2011C00636
Segment Type: clause
Provision Reference: sch 1 cl 219BA
Character Range: 50290–52568

219BA  Obligation to pass on fee reductions where approved child care service eligible

 (1) This section applies if:
 (a) an approved child care service is eligible under section 47 of the Family Assistance Act for child care benefit by fee reduction for a session of care provided by the service to a child at risk; and
 (b) the Secretary calculates under section 50ZB, or recalculates under section 50ZC, the amount of child care benefit by fee reduction applicable in respect of the session of care; and
 (c) the Secretary has notified the service of the amount in accordance with subsection 50ZB(3), or the recalculated amount in accordance with subsection 50ZC(2).

 (2) Subject to subsection (3), the service must, within 14 days after being notified of the amount as calculated or recalculated, pass the amount on to itself, except to the extent that the service is required to remit the amount to the Secretary under section 219QB.

 (3) If:
 (a) the Secretary, on recalculating under section 50ZC the amount in which the Secretary considers child care benefit by fee reduction is applicable in respect of the session of care (the last recalculation), reduces the amount; and
 (b) the amount is reduced for a reason other than the substitution or withdrawal by the service of a report given under section 219N;
the service must pass on to itself the amount as calculated, or recalculated, immediately before the last recalculation, rather than the amount last recalculated.

Note: The fact that the higher rather than the lower amount has been passed on will be taken into account when the determination of entitlement is made under section 54B.

 (4) If:
 (a) the service reduces the amount it charges in respect of the session of care in anticipation of the Secretary's calculation of the amount applicable in respect of child care benefit by fee reduction for that session (the anticipated fee reduction); and
 (b) the service was an approved child care service at the time the session of care was provided;
the service is taken to have passed on to itself an amount equal to the anticipated fee reduction.

 (5) The amount is taken to have been passed on on the day on which the Secretary notified the service of the amount in accordance with subsection 50ZB(3).