Document ID: chunk:federal_register_of_legislation:C2004C01310:clause:2_54b
Version: federal_register_of_legislation:C2004C01310
Segment Type: clause
Provision Reference: sch 2 cl 54B
Character Range: 205493–206950

54B  Determination of entitlement

 (1) If the claimant is eligible under section 47 of the Family Assistance Act for one or more sessions of care provided by the claimant to the child (child at risk) during a financial year, the Secretary must determine:
 (a) that the claimant is entitled to be paid child care benefit by fee reduction for the sessions at the rate;
 (i) certified by the claimant under subsection 76(2) of the Family Assistance Act; or
 (ii) determined by the Secretary under subsection 81(4) of that Act; and
 (b) the amount for which the Secretary considers the claimant eligible.

 (2) In making the determination of entitlement, the Secretary takes into account all of the following decisions:
 (a) certificates given by the claimant that relate to a weekly limit of hours under subsection 54(10), 55(6) or 56(4) or a rate under subsection 76(2) of the Family Assistance Act;
 (b) determinations made by the Secretary in respect of the claimant.

 (3) The Secretary does not determine an approved child care service's eligibility under section 47 of the Family Assistance Act (see section 47 of the Family Assistance Act).

 (4) A determination of entitlement is made after the end of the financial year in which the service was eligible under section 47 of the Family Assistance Act for care provided to the child.

 (5) A determination of entitlement comes into force when it is made and remains in force at all times afterwards.