Document ID: chunk:federal_register_of_legislation:C2004A04731:front:0:p19
Version: federal_register_of_legislation:C2004A04731
Segment Type: other
Provision Reference: 
Character Range: 48013–50880

A—General

Continuing effect of determination

Entitlement determination

  "945.(1) A determination that:

  (a) a person's claim for home child care allowance is granted; or

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

continues in effect until:

  (c) the payment ceases to be payable under section 946 or 947; or

     (d) a further determination in relation to the payment under section 951B or 951C has taken effect.

Note 1: A determination to grant a claim for home child care allowance is made under section 923.

    Note 2: A determination that home child care allowance is payable to a person is necessary where the determination is to reverse an earlier determination to cancel or suspend the allowance (see section 951E).

    Note 3: If changes are made to a person's home child care allowance payments because of the operation of a computer program, a determination is taken to have been made in certain circumstances (see section 951D).

Rate determination

"(2) A determination of the rate of home child care allowance continues in effect until:

     (a) the home child care allowance becomes payable at a lower rate under section 949; or

     (b) a further determination in relation to the home child care allowance under section 951 or 951A has taken effect.

Note: For paragraph (b) see also section 951D (changes to payments by computer).

"Subdivision B—Automatic termination

Automatic termination—recipient complying with section 943 notification obligations

  "946. If:

  (a) a person is given a notice under section 943; and

     (b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (the 'notification period'); and

  (c) the event or change in circumstances occurs; and

    (d) the person informs the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and

  (e) because of the occurrence of the event or change in circumstances:

      (i) the person ceases to be qualified for home child care allowance; or

      (ii) home child care allowance would, but for this subsection, cease to be payable to the person; and

    (f) home child care allowance is not cancelled before the end of the notification period;

home child care allowance continues to be payable to the person until the end of the notification period and then ceases to be payable to the person.

Automatic termination—recipient not complying with section 943 notification obligations

  "947. If:

  (a) a person is given a notice under section 943; and

    (b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (the 'notification period'); and

  (c) the event or change in circumstances