Document ID: chunk:federal_register_of_legislation:F2025C00106:clause:2_15a:p1
Version: federal_register_of_legislation:F2025C00106
Segment Type: clause
Provision Reference: sch 2 cl 15A (pt 1/2)
Character Range: 70020–72441

15A  In home care provided to multiple children
 (1) For the purposes of section 85ECA of the Family Assistance Act, if a multiple child session of care is provided by an in home care service, the approved provider of the service or the individual who would be eligible for CCS or ACCS for the session of care in respect of a child, must nominate:
 (a) if the session is provided to up to 5 children—one of those children (a nominated child); and
 (b) if the session is provided to 6 to 10 children—2 of those children (each also a nominated child).
 (2) For the purposes of paragraph 85ED(1)(b) of the Family Assistance Act, the class of persons who, in respect of a multiple child session of care, are not a nominated child, is prescribed.
Note: This provision has the effect that the hourly rate cap specified for in home care services in item 4 of the table in subclause 2(3) of Schedule 2 to the Family Assistance Act applies in respect of a maximum of one child for care provided to up to 5 children during the same session of care in the same home, and a maximum of 2 children if the care is provided to 6 to 10 children.
Example 1: On 5 March 2020, the McEnroe family has 4 children in in home care on one day, during the same period of time. Mrs McEnroe nominates her eldest son Ralph in accordance with the requirements of paragraph (1)(a). Ralph is the child in respect of whom she wishes to be eligible for CCS in relation to the session of care. Mrs McEnroe is only eligible for CCS in relation to Ralph (not the other 3 children being provided with care at the same time) and the hourly rate cap that applies to fees charged by the approved provider is $32.58. Mrs McEnroe's applicable percentage as worked out under clause 3 of Schedule 2 to the Family Assistance Act is 85% and so the total maximum hourly rate of CCS payable in relation to the relevant session of care is 85% of $32.58, which is $27.69 for each hour in the session of care.
Example 2: On 27 March 2020, the Borg family has 8 children in in home care on one day, during the same period of time. The approved provider of the relevant in home care service nominates Mr Borg's eldest daughter Martina and his eldest son Patrick in accordance with the requirements of paragraph (1)(b). Mr Borg is only eligible for CCS in relation to Martina and Patrick (not the other children in care) and the hourly rate cap that applies to fees charged by