Document ID: chunk:federal_register_of_legislation:C2004C01310:clause:2_50l:p1
Version: federal_register_of_legislation:C2004C01310
Segment Type: clause
Provision Reference: sch 2 cl 50L (pt 1/2)
Character Range: 183234–185909

50L  When determinations are in force

 (1) Subject to subsections (6) and (7), a determination of conditional eligibility under section 50F in respect of the claimant comes into force:
 (a) if no day is specified in the notice of determination—on the day the determination is made; or
 (b) on the day specified in the notice of determination;
and remains in force at all times afterwards.

 (2) Except in the case mentioned in subsection (4), the Secretary may specify a day, not more than 4 weeks before the day the claim was made by the claimant, as the day the determination is to come into force.

 (3) The Secretary may only specify a day under subsection (2) if the Secretary is satisfied that, if the claimant had made the claim on the specified earlier day before the day of the claim, the claimant would have been conditionally eligible on and since that specified earlier day for child care benefit by fee reduction.

 (4) The Secretary must not specify a day under subsection (2) if:
 (a) a determination of conditional eligibility under section 50F was made in respect of the claim; and
 (b) the claim was made while an earlier determination of conditional eligibility was in force with the effect that the claimant was not conditionally eligible as a result of a variation under section 58B (failure to comply with immunisation requirement).

 (5) A determination of a weekly limit of hours under section 50H, CCB % under section 50J and schooling % under section 50K in respect of the claimant and the child comes into force at the time the determination of conditional eligibility comes into force and remains in force while the determination of conditional eligibility is in force.

 (6) If:
 (a) the Secretary makes a determination of conditional eligibility under section 50F in respect of the claimant and the child; and
 (b) the Secretary varies the determination of conditional eligibility with the effect that the claimant is not conditionally eligible for any session of care occurring on a day on which the determination was, or will be, in force after the day the variation begins to have effect; and
 (c) the claimant makes a later claim for payment of child care benefit by fee reduction;
the determination of conditional eligibility ceases to be in force by force of this subsection on the day a determination comes into force in respect of the later claim.

 (7) If:
 (a) a determination of conditional eligibility under section 50F is in force in respect of the claimant; and
 (b) the claimant informs the Secretary, in the form and manner required by the Secretary, that the claimant wants the determination of conditional eligibility to cease