Document ID: chunk:federal_register_of_legislation:C2009A00050:clause:3_65ea
Version: federal_register_of_legislation:C2009A00050
Segment Type: clause
Provision Reference: sch 3 cl 65EA
Character Range: 31736–34267

65EA  Determining entitlement, or no entitlement, to child care rebate—eligibility for child care benefit by fee reduction
 (1) This section applies in respect of an individual and a child for a period in an income year if:
 (a) the Secretary has determined under section 51B that the individual is entitled to be paid child care benefit by fee reduction for one or more sessions of care provided by an approved child care service to the child during the period; or
 (b) the Secretary has determined under subsection 51C(1) or (2) that the individual is not entitled to be paid child care benefit by fee reduction for one or more sessions of care provided by an approved child care service to the child during the period.

Determining entitlement to child care rebate
 (2) If the Secretary is satisfied:
 (a) that the individual is eligible under subsection 57F(1) of the Family Assistance Act for child care rebate in respect of:
 (i) the child for the income year; and
 (ii) the care provided during the period; and
 (b) that, if the individual were to be entitled under this subsection to child care rebate in respect of that eligibility, the amount of rebate would be more than a nil amount; and
 (c) that a determination under this subsection, or subsection 65EB(2), has not already been made in respect of the individual and the child for the income year;
the Secretary must determine that the individual is entitled to be paid child care rebate in respect of the child for the income year. The determination must include the amount of rebate to which the Secretary considers the individual to be entitled.
Note: A determination may be made under section 65EC if a determination under this subsection, or subsection 65EB(2), has already been made in respect of the individual and the child for a period in the income year.

Determining no entitlement to child care rebate
 (3) If:
 (a) the Secretary is not satisfied that the individual is eligible under subsection 57F(1) of the Family Assistance Act for child care rebate in respect of:
 (i) the child for the income year; and
 (ii) the care provided during the period; or
 (b) the Secretary is satisfied that the individual is so eligible, but is not satisfied that, if the individual were to be entitled to child care rebate in respect of that eligibility, the amount of rebate would be more than a nil amount;
the Secretary must determine that the individual is not entitled to be paid child care rebate in respect of the child for the care provided during the period.