Document ID: chunk:federal_register_of_legislation:C2004C01310:clause:1_81:p1
Version: federal_register_of_legislation:C2004C01310
Segment Type: clause
Provision Reference: sch 1 cl 81 (pt 1/3)
Character Range: 95618–98324

81  Fee reductions or child care benefit rate determined by the Secretary

Overview of section

 (1) This section provides for the rate applicable to:
 (a) an individual in respect of whom a determination of conditional eligibility under section 50F of the Family Assistance Act is in force; or
 (b) an approved child care service that is eligible under section 47 for child care benefit by fee reduction for sessions of care provided by the service to a child at risk;
if the Secretary makes a determination as provided for in this section.

Secretary may determine rate in cases of hardship—individual conditionally eligible

 (2) If:
 (a) a determination of conditional eligibility under section 50F of the Family Assistance Administration Act is in force in respect of an individual and a child for child care benefit by fee reduction for care provided by an approved child care service to the child; and
 (b) either:
 (i) the total period specified in certificates given by the service under section 76 and certificates given under subsection 76(1) for a reason set out in subparagraph 76(1)(b)(ii) (hardship) by any other approved child care service, in respect of the child in the same financial year equals 13 weeks; or
 (ii) the service is not able to give a certificate under subsection 76(1) because of the operation of section 79 or 80; and
 (c) the Secretary is satisfied that the individual is experiencing hardship of a kind specified in a determination in force under paragraph 82(3)(a); and
 (d) the individual applies to the Secretary under subsection (5);
the Secretary may determine the hourly rate of fee reductions for sessions of care the service provides to the child while the determination is in force.

Secretary may determine rate if child at risk and individual conditionally eligible

 (3) If:
 (a) a determination of conditional eligibility under section 50F of the Family Assistance Administration Act is in force in respect of an individual and a child for child care benefit by fee reduction for care provided by an approved child care service to the child; and
 (b) the service either:
 (i) has given a certificate under section 76 such that the total period specified in that certificate and other certificates (if any) given by the service under that section in respect of the child in the same financial year equals 13 weeks; or
 (ii) is not able to give a certificate under subsection 76(1) because of the operation of section 79; and
 (c) the Secretary is satisfied that the child is at risk of serious abuse or neglect; and
 (d) the service applies to the Secretary under subsection (5);
the Secretary may determine the hourly rate of fee reductions for sessions