Document ID: chunk:federal_register_of_legislation:C2005A00160:clause:1_2:p4
Version: federal_register_of_legislation:C2005A00160
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 4/6)
Character Range: 11112–13644

of your entitlement to child care benefit for the care does not mean that you are no longer to be regarded as being entitled to child care benefit for the care.

Later determinations, variations and substitutions to be taken into account

 (7) If, after applying this Act at a particular time in relation to yourself and the care, a determination mentioned in this section is made or varied, or is set aside and a new determination substituted, the question of your entitlement to child care benefit for the care is to be redetermined taking account of the making, variation or substitution.

Amount of the child care tax offset

61‑485  Amount of the child care tax offset

  The amount of your *tax offset for a child care offset year is worked out in this way:

      Method statement
           Step 1. For each child in relation to whom you are entitled to the *tax offset for the child care offset year, work out amounts in accordance with steps 2, 3 and 4.
           Step 2. Work out the total amount of your *approved child care fees for the child in each *child care base week for you and the child in the child care base year.
           Step 3. Work out the total amount of your *entitlement to child care benefit for *approved child care for the child in each *child care base week for you and the child in the child care base year.
           Step 4. Work out the lesser of the following amounts (the child offset) for the child:

                (a) the amount worked out using the formula:

                (b) the *child care offset limit for the child care base year.

           Step 5. Total the child offsets for each of those children. The result is the amount of your *tax offset for the child care offset year.

61‑490  Component of formula—approved child care fees

General rule—approved child care fees for a child care base week for you and a child

 (1) The amount of your approved child care fees for a child for a *child care base week for you and the child is the amount of fees for *approved child care for the child during the week that are incurred by:
 (a) you; or
 (b) your partner, within the meaning of the A New Tax System (Family Assistance) Act 1999, during the week.
Subject to subsection (2), it does not matter whether you are *entitled to child care benefit for all of that care.

Special rule if the week is also a child care base week for your partner and the child

 (2) If the *child care base week is also a child care base week for your partner and the child, your approved