Document ID: chunk:federal_register_of_legislation:C2004C01310:clause:1_45:p1
Version: federal_register_of_legislation:C2004C01310
Segment Type: clause
Provision Reference: sch 1 cl 45 (pt 1/2)
Character Range: 44361–46933

45  When an individual is eligible for child care benefit for a past period for care provided by a registered carer

 (1) An individual is eligible for child care benefit for a past period for care provided (see section 12) by a registered carer to a child if:
 (a) the child is an FTB child of the individual, or the individual's partner, during the period; and
 (b) the care is provided in Australia; and
 (c) the child is not an FTB child of the registered carer, or the partner of the carer; and
 (d) the individual, or the individual's partner, is liable to pay for the care and the care has been paid for; and
 (e) the individual, and the individual's partner, satisfy the work/training/study test at some time during the week in which the care is provided; and
 (f) when a claim by the individual for payment of child care benefit in respect of the period is determined in accordance with Part 3 of the Family Assistance Administration Act, the individual, or the individual's partner:
 (i) is an Australian resident; or
 (ii) meets the requirements set out in subparagraph 729(2)(f)(ii), (iii), (iv) or (v) of the Social Security Act 1991 and is in Australia; or
 (iii) is undertaking a course of study in Australia and receiving financial assistance directly from the Commonwealth for the purpose of undertaking that study; and
 (g) when a claim by the individual for payment of child care benefit in respect of the period is determined in accordance with Part 3 of the Family Assistance Administration Act, the requirement relating to immunisation set out in subsection (2) is met in respect of the child; and
 (h) the care is not provided as part of the compulsory education program in the State or Territory where the care is provided; and
 (i) the care starts on or after the commencement of this Act.

Requirement relating to immunisation referred to in paragraph (1)(g)

 (2) For the purposes of paragraph (1)(g), the requirement relating to immunisation is that, if:
 (a) the child is under 7 and is born on or after 1 January 1996; and
 (b) the individual has previously made a claim for payment of child care benefit under Part 3 of the Family Assistance Administration Act in respect of a period of care provided by a registered carer to the child;
the child must meet the immunisation requirements set out in section 6.

Secretary may determine that child is an FTB child

 (3) The Secretary may determine that a child who is not an FTB child of an individual during the period of care is taken to be an FTB child of the individual during that period