67CCDetermination of individual’s eligibility for CCS by fee reduction

#### 67CC Determination of individual’s eligibility for CCS by fee reduction Determination on effective claim (1) If an individual makes an effective claim in respect of a child for CCS by fee reduction, the Secretary must determine: (a) if, when making the determination, the Secretary is satisfied that the requirements in subparagraphs 85BA(1)(a)(i) to (iv) of the Family Assistance Act are met in relation to the claim—that the individual is eligible for CCS by fee reduction for the child; and (b) if not so satisfied—that the individual is not eligible for CCS by fee reduction for the child. Cessation of eligibility because the CCS reconciliation conditions not met by second deadline (1A) The Secretary must determine that an individual for whom a determination (the earlier determination) under paragraph (1)(a) is in effect in relation to a child is not eligible for CCS by fee reduction for the child if the individual does not meet the CCS reconciliation conditions for an income year by the second deadline for the income year. (1B) Subsection (1A) only applies in relation to the claim in respect of which the earlier determination was made. Cessation of eligibility on discretionary grounds (2) The Secretary may determine that an individual for whom a determination under paragraph (1)(a) is in effect in relation to a child is not eligible for CCS by fee reduction for the child, if any of the following apply: (a) the Secretary is satisfied that the individual has ceased to be eligible, and is not reasonably likely to become eligible again, for CCS by fee reduction for sessions of care provided to the child; (c) the child ceased to meet the immunisation requirements in section 6 of the Family Assistance Act more than 63 days ago; (d) a report under section 204B for a week, indicating that a session of care in relation to which the individual is the claimant has been provided to the child in the week, has not been given to the Secretary in relation to: (i) unless subparagraph (ii) applies—at least 26 consecutive weeks; or (ii) if the Minister’s rules prescribe a different number of consecutive weeks for the purposes of this subparagraph—at least that number of consecutive weeks; (e) the Secretary is satisfied that the individual: (i) does not intend that the child be enrolled for care by a child care service; or (ii) does not intend that the child attend any sessions of care provided by a child care service. Cessation of eligibility on request (3) The Secretary may determine that an individual for whom a determination under paragraph (1)(a) is in effect in relation to a child is not eligible for CCS by fee reduction for the child, if the individual requests the Secretary, in a form and manner approved by the Secretary, to do so. The Secretary may make the determination despite the individual being eligible. Date of effect (4) A determination made under paragraph (1)(a): (a) takes effect on the day specified in the determination in accordance with subsection (4A) or (4B); and (b) continues in effect until any of the following happens: (i) it is superseded by a determination made under subsection (1A), (2) or (3); (ii) it is set aside on review; (iii) a day or event (if any) specified in the determination as the day or event on which the determination ceases to have effect; (iv) the individual dies. (4A) If subsection (4B) does not apply, the day specified in the determination must be the first day for which the Secretary is satisfied that the requirements in subparagraphs 85BA(1)(a)(i) to (iv) of the Family Assistance Act are met that is also: (a) the first Monday of a CCS fortnight; and (b) not more than 28 days before the day the claim was made. (4B) If: (a) the Secretary has determined under subsection (1A) that the individual is not eligible for CCS by fee reduction in relation to a child because the individual did not meet the CCS reconciliation conditions for an income year (the relevant income year) by the second deadline for the relevant income year; and (b) the Secretary later determines under paragraph (1)(a) that the individual is eligible for CCS by fee reduction in relation to the child; the day specified in the later determination must be the later of: (c) the first Monday of a CCS fortnight that is not more than 28 days before the day the claim in respect of which the later determination was made; and (d) the first Monday of the CCS fortnight beginning on or after the day the individual met the CCS reconciliation conditions for the relevant income year. (5) A determination made under paragraph (1)(b) has effect from the day the determination is made. (5A) A determination made under subsection (1A) has effect from the first Monday of the CCS fortnight beginning after the second deadline for the income year. (6) A determination made under subsection (2) or (3) has effect from the day specified in the determination (which may be earlier than the day the determination is made).