Document ID: chunk:federal_register_of_legislation:C2006C00614:clause:4_50t
Version: federal_register_of_legislation:C2006C00614
Segment Type: clause
Provision Reference: sch 4 cl 50T
Character Range: 45224–48033

50T  Secretary must determine claimant's eligibility for special grandparent rate in certain circumstances

When Secretary must determine whether claimant eligible for special grandparent rate

 (1) If subsection (2), (3) or (4) is satisfied, the Secretary must determine whether or not the claimant is eligible for the special grandparent rate for a child.

Request for special grandparent rate determination made in claim for determination of conditional eligibility

 (2) This subsection is satisfied if:
 (a) the claimant:
 (i) makes a claim (whether before or after 1 January 2005) for payment of child care benefit by fee reduction for care provided by an approved child care service to the child; and
 (ii) informs the Secretary, in the form and manner (if any) required by the Secretary, in or in connection with the claim that the claimant wants the Secretary to make a determination under this section in relation to the claimant and the child; and
 (b) in response to the claim, the Secretary makes, on or after 1 January 2005, a determination under section 50F with the effect that the claimant is conditionally eligible for child care benefit by fee reduction in respect of the child.

Application for special grandparent rate determination after determination of conditional eligibility made

 (3) This subsection is satisfied if:
 (a) a determination under section 50F (whether made before or after 1 January 2005) is in force with the effect that the claimant is conditionally eligible for child care benefit by fee reduction in respect of the child; and
 (b) the claimant applies, in the form and manner (if any) required by the Secretary, for a determination under this section in relation to the child.

Transitional situation

 (4) This subsection is satisfied if, immediately before 1 January 2005:
 (a) a determination is in force under section 50F that the claimant is conditionally eligible for child care benefit by fee reduction in respect of the child; and
 (b) the determination in force under section 50H of the weekly limit of hours applicable to the claimant and the child is based on the claimant, or the claimant's partner, being taken to satisfy the work/training/study test because of the determination that was made under subsection 14(2) of the Family Assistance Act on 28 October 2004; and
 (c) the claimant, or the claimant's partner, is receiving:
 (i) a social security pension; or
 (ii) a social security benefit; or
 (iii) a service pension; or
 (iv) an income support supplement under Part IIIA of the Veterans' Entitlements Act 1986.

Determinations not legislative instruments

 (5) A determination made under subsection (1), or a variation of such a determination, is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.