Document ID: chunk:federal_register_of_legislation:C2004A01115:section:4:p1
Version: federal_register_of_legislation:C2004A01115
Segment Type: section
Provision Reference: s 4 (pt 1/2)
Character Range: 12877–15593

4  Transitional provisions relating to child care benefit for foster children

Claim refused before commencement: past period care by approved child care service or registered carer; substitution claim

 (1) If:
 (a) a claim for child care benefit under paragraph 49B(b), (c) or (d) of the Administration Act was refused before the commencing time; and
 (b) at any time during the claim period, the child was an eligible foster child;
then:
 (c) the refusal may be reviewed by the Secretary, on his or her own initiative, under section 105 of the Administration Act; and
 (d) an application for review of the refusal may be made under section 109A of the Administration Act at any time before the transitional deadline.
This subsection applies whether or not the refusal has already been reviewed before the commencing time.

Extension of claim period: past period care by approved child care service

 (2) Paragraph 49J(2)(b) of the Administration Act does not prevent the making of a claim if:
 (a) the claim is made before the transitional deadline and after the end of the income year in which the claim period occurs; and
 (b) the claim is for a period that is wholly before the commencing time; and
 (c) at any time during the claim period, the child was an eligible foster child.

Extension of claim period: past period care by registered carer

 (3) Subsection 49K(2) of the Administration Act does not prevent the making of a claim if:
 (a) the claim is made before the transitional deadline; and
 (b) the claim is for a period that is wholly before the commencing time; and
 (c) at any time during the claim period, the child was an eligible foster child.

Extension of claim period: substitution claim

 (4) Subsection 49L(2) of the Administration Act does not prevent the making of a claim if:
 (a) the claim is made before the transitional deadline; and
 (b) the claim is for a period that is wholly before the commencing time; and
 (c) at any time during the claim period, the child was an eligible foster child.

Variation of conditional eligibility determination for fee reduction

 (5) If a conditional eligibility determination under section 50F of the Administration Act was varied before the commencing time on the ground that paragraph 49(1)(a) of the Family Assistance Act prevented eligibility, then that variation is taken never to have had any effect.

Definitions

 (6) In this section:

Administration Act means the A New Tax System (Family Assistance)(Administration) Act 1999.

commencing time means the beginning of the day on which this Act received the Royal Assent.

eligible foster child means a child who is in the care of a foster parent under a law referred to in paragraph