Document ID: chunk:federal_register_of_legislation:C2004A04731:front:0:p15
Version: federal_register_of_legislation:C2004A04731
Segment Type: other
Provision Reference: 
Character Range: 38090–40805

to be paid in accordance with the direction.

Where home child care allowance payday would fall on public holiday etc.

"936. If the Secretary is satisfied that an amount of home child care allowance that would normally be paid on a particular day cannot reasonably be paid on that day (because, for example, it is a public holiday or a bank holiday), the Secretary may direct that the amount be paid on an earlier day.

Payment of home child care allowance after death

  "937.(1) If:

  (a) a home child care allowance is payable to a person; and

  (b) the person dies; and

    (c) at the date of the person's death the person has not received an amount of home child care allowance payable to him or her; and

  (d) another person applies to receive that amount; and

  (e) the application is made:

        (i) within 26 weeks after the death; or

        (ii) within a further period allowed by the Secretary in special circumstances;

the Secretary may pay the amount to the person who, in the Secretary's opinion, is best entitled to it.

"(2) If the Secretary pays an amount of home child care allowance under subsection (1), the Commonwealth has no further liability to any person in respect of that amount of home child care allowance.

Secretary may make a declaration where more than one person qualified for home child care allowance for the same child

"938.(1) If the Secretary is satisfied that more than one person qualifies for home child care allowance in relation to the same child, the Secretary is to make a declaration:

     (a) stating that the Secretary is satisfied that each person is qualified for home child care allowance in relation to the child; and

     (b) specifying the share of the home child care allowance in relation to the child that each person is to receive.

"(2) If the Secretary makes a declaration under subsection (1), the Secretary is to give each person involved notice of the declaration.

   Note: Until the declaration under this section is made, only one person can receive home child care allowance in relation to the child (see subsection 912(1)).

"Division 7—Protection of home child care allowance

Home child care allowance to be absolutely inalienable

"939.(1) Subject to subsections (2) and (3) and section 1359, home child care allowance is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.

Payments to Commissioner of Taxation at person's request

"(2) The Secretary may make deductions from the instalments of home child care allowance payable to a person if the person asks the Secretary:

  (a) to make the deductions; and

  (b) to pay the amounts to be deducted