Document ID: chunk:federal_register_of_legislation:C2004C01310:clause:1_55:p1
Version: federal_register_of_legislation:C2004C01310
Segment Type: clause
Provision Reference: sch 1 cl 55 (pt 1/3)
Character Range: 65161–67693

55  Circumstances when a limit of more than 50 hours applies

Overview of section

 (1) This section sets out the circumstances in which a limit of more than 50 hours for sessions of care provided by an approved child care service to a child applies in a week to the eligibility of a fee reduction claimant (see paragraph 52(1)(a)).

Work/disability test satisfied if fee reduction claimant is an individual

 (2) A limit of more than 50 hours in the week applies to a fee reduction claimant who is an individual if:
 (a) the Secretary considers that for a specified period or indefinitely (if no period is specified), the claimant needs or needed care for the child for a particular number of hours in a week more than 50; and
 (b) the Secretary considers that the amount of care is needed because the individual, and that individual's partner (if any), satisfy the work/disability test (see subsections 57E(1), (2) and (3)) for the particular number of hours during the period or indefinitely, as the case may be; and
 (c) the week falls within, or is the same as, the period or, if no period is specified, the week is one after the start of the indefinite period.
The amount of the limit is the particular number of hours more than 50.

Work/disability test satisfied if fee reduction claimant is an approved child care service

 (3) A limit of more than 50 hours in the week applies to a fee reduction claimant that is an approved child care service if:
 (a) the person in whose care the child last was before the first session of care in the week is an individual; and
 (b) the Secretary considers:
 (i) that for a specified period the individual needs or needed care for the child for a particular number of hours in a week more than 50; and
 (ii) that the amount of care is needed because the individual, and that individual's partner (if any), satisfy the work/disability test (see subsections 57E(1), (2) and (3)) for the particular number of hours during the period; and
 (c) the week falls within, or is the same as, the period.
The amount of the limit is the particular number of hours more than 50.

If fee reduction claimant is an individual and Secretary considers that exceptional circumstances exist

 (4) A limit of more than 50 hours in the week applies to a fee reduction claimant who is an individual if the Secretary considers:
 (a) that for a specified period that includes, or is the same as, the week, the child needs or needed care, for a particular number of hours in a week more than 50; and
 (b) the