Document ID: chunk:federal_register_of_legislation:C2005A00150:clause:1_16
Version: federal_register_of_legislation:C2005A00150
Segment Type: clause
Provision Reference: sch 1 cl 16
Character Range: 2571–4302

16  Transitional provision—claimants for whom there is an existing 20‑hour determination

(1) If:
 (a) immediately before the start of the first week commencing after 1 July 2006:
 (i) a determination under subsection 50H(1) of the Family Assistance Administration Act is in force; or
 (ii) a determination of a weekly limit of hours is taken to have been made under section 54C of that Act; and
 (b) the determination is a determination that the weekly limit of hours applicable to the claimant and the child referred to in that subsection or section (as the case may be) is 20 hours;
on and from the start of the first week commencing after 1 July 2006, the determination is taken to be a determination under that subsection or section (as the case may be) that the weekly limit of hours applicable to the claimant and the child is 24 hours.

(2) If subitem (1) applies to a determination under subsection 50H(1) that is in force, the Secretary must give notice to:
 (a) the claimant; and
 (b) the approved child care service (within the meaning of the Family Assistance Administration Act), or approved child care services, that are, or will be, providing care to the child.

(3) The notice must state that on and from the start of the first week commencing after 1 July 2006, the weekly limit of hours applicable to the claimant and the child is 24 hours.

(4) A failure to comply with subitem (2) or (3), or both, does not affect the validity of a determination to which subitem (1) applies.

(5) Section 219A of the Family Assistance Administration Act applies in relation to a notice under subitem (2) as if it were a notice of a kind referred to in column 1 of table item 6 of the table in subsection 219A(2) of that Act.