Document ID: chunk:federal_register_of_legislation:C2004C01310:clause:1_56:p2
Version: federal_register_of_legislation:C2004C01310
Segment Type: clause
Provision Reference: sch 1 cl 56 (pt 2/3)
Character Range: 73189–75770

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 service, or any other approved child care service, in relation to the child and the same financial year, does not in total exceed 14.

24 hour care decided by the Secretary

 (6) Subject to subsection (7), a 24 hour care limit applies in the week to a fee reduction claimant if:
 (a) the approved child care service providing care to the child has given a certificate under subsection (3) or (4) such that the total of the 24 hour care periods specified in that certificate and other certificates (if any) given by the service, or any other approved child care service, in respect of the child in the same financial year equals 14; and
 (b) the Secretary considers that, at some time after those 14 24 hour care periods, the child needs or needed 24 hour care for one or more specified 24 hour care periods in the week because:
 (i) in the case where the claimant is an individual—neither the claimant nor the claimant's partner (if any); or
 (ii) in the case where the claimant is the approved child care service providing care to the child—neither the individual in whose care the child last was before the first session of care in the week nor the individual's partner (if any);
  is able to care for the child during those periods; and
 (c) the Secretary considers that the reason for that inability is:
 (i) because both the individual and the individual's partner (if any) have work related commitments during those periods; or
 (ii) because exceptional circumstances exist during those periods.

Limitation on Secretary's decision making under subsection (5)

 (7) Subject to subsection (8), in respect of a child during a financial year, the Secretary may make a decision under subsection (6) in respect of only 14 24 hour care periods.

Maximum of 28 24 hour care periods may be lifted in certain circumstances

 (8) If:
 (a) in respect of the child during a financial year, there have already been certificates given, and decisions of the Secretary made, in which the total of the 24 hour care periods specified is 28; and
 (b) the Secretary is satisfied that it is essential in the circumstances that the child receive one or more further periods of 24 hour care during the financial year;
a 24 hour care limit applies in the week to a fee reduction claimant if:
 (c) the Secretary considers that, at some time after those 28 24 hour care periods,