Document ID: chunk:federal_register_of_legislation:C2004A04731:front:0:p6
Version: federal_register_of_legislation:C2004A04731
Segment Type: other
Provision Reference: 
Character Range: 16067–18844

for a period of more than 13 weeks returns to Australia; and

    (b) the person leaves Australia again within 13 weeks after returning to Australia;

for the purposes of subsection (1), the person is not to be taken to be in Australia during the subsequent period of absence.

"Subdivision B—Payability

Home child care allowance not payable in some circumstances

"908. Even though a person is qualified for home child care allowance, the allowance may not be payable to the person because:

  (a) the allowance has not commenced to be payable (see sections 909 and 930); or

     (b) the person has not provided a tax file number for the person (see section 913) or the person's partner (see section 914); or

     (c) another person is receiving home child care allowance for the same child (see subsection 912(1)); or

     (d) the person's partner is receiving home child care allowance (see subsection 912(2)); or

  (e) the person's home child care allowance rate would be nil; or

  (f) the person is in gaol (see Part 3.13).

Home child care allowance generally not payable before claim

"909. Subject to section 911, home child care allowance is not payable to a person before the person's provisional commencement day (identified under section 910).

Provisional commencement day

General rule

"910.(1) Subject to subsections (2) to (5), a person's provisional commencement day is the day on which the person claims home child care allowance.

Initial incorrect or inappropriate claim followed by claim for home child care allowance

  "(2) If:

  (a) a person makes a claim (the 'initial claim') for:

        (i) another payment under this Act; or

        (ii) a pension, allowance, benefit or other payment under another Act, or under a program administered by the Commonwealth, that is similar in character to a home child care allowance; and

     (b) on the day on which the person makes the initial claim, the person is qualified for home child care allowance; and

     (c) the person subsequently makes a claim for home child care allowance; and

     (d) the Secretary is satisfied that it is reasonable for this subsection to apply to the person;

the person's provisional commencement day is the day on which the person made the initial claim.

Early claim

  "(3) If:

  (a) a person lodges a claim for home child care allowance; and

     (b) the person is not, on the day on which the claim is lodged, qualified for home child care allowance; and

     (c) the person becomes qualified for home child care allowance during the period of 13 weeks that starts immediately after that day;

the person's provisional commencement day is the first day on which the person is qualified for home child care allowance.

Backdating—claim lodged on or after