Document ID: chunk:federal_register_of_legislation:C2025C00130:section:4
Version: federal_register_of_legislation:C2025C00130
Segment Type: section
Provision Reference: s 4
Character Range: 296929–298936

4                                                  a decision on review under Part 5 of this Act or under the ART Act that has the effect that the amount of ACCS an individual is entitled to be paid for sessions of care provided by a service to a child in a week in a CCS fortnight is increased (including from nil), if the decision is made:  the amount by which the entitlement is increased                                                     subsection
                                                   (a) before the individual meets the CCS reconciliation conditions for the income year in which the CCS fortnight starts; and                                                                                                                                                                                                                                                                             106A(2) or 109B(2A) or section 136
                                                   (b) while the child is still enrolled for care by the service

 (3) The withholding amount, for a payment, is the following percentage of the payment:
 (a) 10%;
 (b) if the Minister's rules prescribe a different percentage and paragraph (c) does not apply—the prescribed percentage;
 (c) if a determination made under subsection (4) applies to the individual—the percentage specified in the determination.
 (4) The Secretary may make a determination specifying a percentage for an individual for the purposes of paragraph (3)(c), if the Secretary is satisfied that the percentage is appropriate to manage a debt that has been or might be incurred by the individual under Part 4.
 (5) A determination made under subsection (4) is not a legislative instrument.
 (6) This section is subject to:
 (a) subsection 67EC(2) (direct payment to individuals); and
 (b) Part 4 (overpayments and debt recovery); and
 (c) paragraph 195H(1)(f) (suspension of payments); and
 (d) section 205B (setting off business continuity payments).