Document ID: chunk:federal_register_of_legislation:C2004C01310:clause:2_106:p1
Version: federal_register_of_legislation:C2004C01310
Segment Type: clause
Provision Reference: sch 2 cl 106 (pt 1/2)
Character Range: 365878–368591

106  Notice of review decision to be given

Notice of review decision to be given if original decision relates to determination of conditional eligibility etc.

 (1) If:
 (a) the Secretary makes a review decision under section 105 affecting an individual in respect of whom a determination of conditional eligibility for child care benefit by fee reduction is, or was, in force (the applicant); and
 (b) the review decision is to:
 (i) vary an original decision in respect of the applicant; or
 (ii) set aside an original decision in respect of the applicant and substitute a new decision; and
 (c) the review decision relates to one of the following decisions:
 (i) a determination decision in respect of conditional eligibility (a determination of conditional eligibility is made under section 50F);
 (ii) a determination decision in respect of a weekly limit of hours, unless it is a variation of the kind referred to in subsection (2) (a determination of a weekly limit of hours is made under section 50H);
 (iii) a determination decision in respect of CCB % (a determination of CCB % is made under section 50J);
 (iv) a determination decision in respect of schooling % (a determination of schooling % is made under section 50K);
 (v) a determination decision in respect of rate under subsection 81(2) of the Family Assistance Act;
 (vi) a determination decision in respect of no entitlement (a determination of no entitlement is made under section 50G);
the Secretary must give notice of the review decision to:
 (d) the applicant; and
 (e) the approved child care service, or services, providing care to the child concerned.

Notice of review decision to be given where original decision relates to a weekly limit of hours or rate set because child at risk

 (2) If:
 (a) the Secretary makes a review decision under section 50K affecting an individual in respect of whom a determination of conditional eligibility for child care benefit by fee reduction is, or was, in force (the applicant); and
 (b) the review decision is to:
 (i) vary an original decision in respect of the applicant; or
 (ii) set aside an original decision in respect of the applicant and substitute a new decision; and
 (c) the review decision relates to an original decision:
 (i) to vary a determination of a weekly limit of hours under section 64A because a circumstance listed in subsection 54(12) of the Family Assistance Act applies; or
 (ii) to vary a determination of a weekly limit of hours under section 64B because a circumstance listed in subsection 55(8) of the Family Assistance Act applies; or
 (iii) to determine a rate under subsection 81(3) of the Family Assistance Act;
the Secretary must give notice of the review