Document ID: chunk:federal_register_of_legislation:C2011C00635:clause:1_34
Version: federal_register_of_legislation:C2011C00635
Segment Type: clause
Provision Reference: sch 1 cl 34
Character Range: 47342–48987

34  After subsection 71G(2)
Insert:

Weekly payments of child care rebate

 (2A) If:
 (a) either:
 (i) an amount is paid under section 219QC or subsection 219QD(2) to a person that is an approved child care service (weekly payments of child care rebate); or
 (ii) such an amount would be paid, but for a set off under subsection 82(2) or section 219QA, 219QD, 219RC or 219RE; and
 (b) the service's approval is suspended or cancelled under this Act before a period of care in respect of which the payment was made;
so much of the amount of the child care rebate paid as relates to that period of care is a debt due to the Commonwealth by the service immediately before its approval was suspended or cancelled.

 (2B) If:
 (a) an amount is required to be set off under subsection 219QD(3) against the payment of another amount to a person that is an approved child care service (payment where recalculation reduces the amount of child care rebate); and
 (b) the service's approval is suspended or cancelled under this Act; and
 (c) the amount has not already been set off against another amount under subsection 219QD(3) by the day the service's approval is suspended or cancelled;
the amount is a debt due to the Commonwealth by the service immediately before its approval was suspended or cancelled.

Note 1: The heading to section 71G is replaced by the heading "Debts arising where child care services approval is suspended or cancelled—debt owed by service".

Note 2: The following heading to subsection (1) is inserted "Child care benefit—fee reduction".

Note 3: The following heading to subsection (3) is inserted "Enrolment advances".