67CDDetermination of individual’s entitlement to be paid CCS or ACCS

#### 67CD Determination of individual’s entitlement to be paid CCS or ACCS Preconditions for making determinations (1) The Secretary may make a determination under this section for an individual for a week, in relation to sessions of care provided to a child by an approved child care service, only if: (a) a determination that the individual is eligible for CCS by fee reduction for the child is in effect under paragraph 67CC(1)(a) in relation to any day in the week; and (b) the provider of the service has given the Secretary a report under section 204B (requirement to report about children for whom care is provided) in relation to the child for the week, including such a report as varied, substituted or corrected under subsection 204B(6) or section 204C; and (e) if the Secretary gives the individual a notice under subsection (11) in relation to the child’s enrolment for those sessions—the individual has complied with the notice. (1A) For the purposes of paragraph (1)(b), the provider of the service is taken to have given the Secretary a report under section 204B in relation to the child for the week even if the report is not given by the day required under paragraph 204B(2)(d). > Note: The report must still be given in accordance with paragraphs 204B(2)(a), (b) and (c), and the information included in the report as required by those provisions must be accurate and complete (see subsection 204B(3)). Entitlement to be paid CCS (2) If the Secretary is satisfied that: (a) the individual is eligible for CCS under section 85BA of the Family Assistance Act for one or more of the sessions of care provided by the service to the child in the week, or would be eligible except that a session of care is provided on a day in an immunisation grace period for the child (see subsection (9)); and (b) the individual meets the information requirements in subsection (10) for the week; and (ba) in the case where all of the following apply: (i) the Secretary has made a previous determination under this section that the individual is entitled to be paid CCS for a session of care in a week in an income year (the relevant income year); (ii) the first deadline for the relevant income year has passed; (iii) a CCS fortnight has begun after the first deadline for the relevant income year has passed; the individual has met the CCS reconciliation conditions for the relevant income year on or before the first Monday of the CCS fortnight in which the week referred to in paragraph (a) occurs; and (c) none of subsections (3), (4) and (6) apply in relation to the sessions of care; and (d) the amount of CCS to which the individual will become entitled for the sessions of care is more than nil; the Secretary must determine: (e) that the individual is entitled to be paid CCS for the sessions of care referred to in paragraph (a); and (f) the amount of CCS the individual is entitled to be paid. > Note: See subsection (1) for preconditions for making determinations under this subsection. Entitlement to be paid ACCS (child wellbeing) or ACCS (temporary financial hardship) (3) If the Secretary is satisfied that: (a) the individual is eligible for ACCS under section 85CA or 85CG of the Family Assistance Act for one or more sessions of care provided by the service to the child in the week, or would be except that a session of care is provided on a day in an immunisation grace period for the child (see subsection (9)); and (b) there is no determination in effect under subsection 67CH(2) that a provider is entitled to be paid ACCS (child wellbeing) for those sessions of care; and (c) the individual meets the information requirements in subsection (10) for the week; and (ca) in the case where all of the following apply: (i) the Secretary has made a previous determination under this section that the individual is entitled to be paid ACCS for a session of care in a week in an income year (the relevant income year); (ii) the first deadline for the relevant income year has passed; (iii) a CCS fortnight has begun after the first deadline for the relevant income year has passed; the individual has met the CCS reconciliation conditions for the relevant income year on or before the first Monday of the CCS fortnight in which the week referred to in paragraph (a) occurs; the Secretary must determine: (d) that the individual is entitled to be paid ACCS (child wellbeing) or ACCS (temporary financial hardship) (as applicable) for the sessions of care referred to in paragraph (a); and (e) the amount of ACCS the individual is entitled to be paid. > Note: See subsection (1) for preconditions for making determinations under this subsection. Entitlement to be paid ACCS (grandparent) (4) If the Secretary is satisfied that: (a) the individual has applied to the Secretary, in a form and manner approved by the Secretary, and within any time period approved by the Secretary, for ACCS (grandparent) in relation to the week; and (b) the application contains the information, and is accompanied by the documents, required by the Secretary; and (c) the individual is eligible for ACCS under section 85CJ of the Family Assistance Act for one or more sessions of care provided by the service to the child in the week, or would be except that a session of care is provided on a day in an immunisation grace period for the child (see subsection (9)); and (d) there is no determination in effect under subsection 67CH(2) that a provider is entitled to be paid ACCS (child wellbeing) for those sessions of care; and (e) the individual meets the information requirements in subsection (10) for the week; and (ea) in the case where all of the following apply: (i) the Secretary has made a previous determination under this section that the individual is entitled to be paid ACCS for a session of care in a week in an income year (the relevant income year); (ii) the first deadline for the relevant income year has passed; (iii) a CCS fortnight has begun after the first deadline for the relevant income year has passed; the individual has met the CCS reconciliation conditions for the relevant income year on or before the first Monday of the CCS fortnight in which the week referred to in paragraph (a) occurs; the Secretary must determine: (f) that the individual is entitled to be paid ACCS (grandparent) for the sessions of care referred to in paragraph (c); and (g) the amount of ACCS (grandparent) the individual is entitled to be paid. > Note: See subsection (1) for preconditions for making determinations under this subsection. (5) A determination cannot be made under subsection (4) for an individual for a week if the CCS fortnight that includes the week starts more than 28 days before the individual made the application referred to in paragraph (4)(a). Entitlement to be paid ACCS (transition to work) (6) If the Secretary is satisfied that: (a) the individual has applied to the Secretary, in a form and manner approved by the Secretary, and within any time period approved by the Secretary, for ACCS (transition to work) in relation to the week; and (b) the application contains the information, and is accompanied by the documents, required by the Secretary; and (c) the individual is eligible for ACCS under section 85CK of the Family Assistance Act for one or more sessions of care provided by the service to the child in the week, or would be except that a session of care is provided on a day in an immunisation grace period for the child (see subsection (9)); and (d) there is no determination in effect under subsection 67CH(2) that a provider is entitled to be paid ACCS (child wellbeing) for those sessions of care; and (e) the individual meets the information requirements in subsection (10) for the week; and (ea) in the case where all of the following apply: (i) the Secretary has made a previous determination under this section that the individual is entitled to be paid ACCS for a session of care in a week in an income year (the relevant income year); (ii) the first deadline for the relevant income year has passed; (iii) a CCS fortnight has begun after the first deadline for the relevant income year has passed; the individual has met the CCS reconciliation conditions for the relevant income year on or before the first Monday of the CCS fortnight in which the week referred to in paragraph (a) occurs; the Secretary must determine: (f) that the individual is entitled to be paid ACCS (transition to work) for the sessions of care referred to in paragraph (b); and (g) the amount of ACCS (transition to work) the individual is entitled to be paid. > Note: See subsection (1) for preconditions for making determinations under this subsection. (7) A determination cannot be made under subsection (6) for an individual for a week if the CCS fortnight that includes the week starts before the individual made the application referred to in paragraph (6)(a). No entitlement to be paid CCS or ACCS (8) If the Secretary is not satisfied as referred to in subsection (2), (3), (4) or (6), the Secretary must determine that the individual is not entitled to be paid CCS or ACCS for the sessions of care provided to the child by the service in the week. Immunisation grace period (9) A session of care is provided on a day in an immunisation grace period for a child if: (a) on the day, the child does not meet the immunisation requirements in section 6 of the Family Assistance Act; and (b) the day is no more than 63 days after the day the child ceased to meet the immunisation requirements. Meeting the information requirements (10) An individual meets the information requirements for a week if, on a day in the week: (a) either of the following applies: (i) the Secretary has the details of a bank account, maintained by the individual alone or jointly with someone else, into which amounts of CCS or ACCS can be paid; (ii) the Secretary made a request of the individual under section 67FE no more than 28 days ago; and (b) any of the following applies: (i) the Secretary has the tax file number of each TFN determination person; (ii) the Secretary made a determination under subsection 67BE(2) or (3) in relation to the individual’s claim no more than 28 days ago; (iii) the Secretary made a request of the individual under section 67FG no more than 28 days ago; (iv) the Secretary has the tax file number of the individual and is satisfied that it is unreasonable in the circumstances for the individual to provide the tax file number of each TFN determination person other than the individual; (c) if, before the week, a period for giving information or producing a document required under Division 1 of Part 6 had ended without the individual giving the information or producing the document—the individual has given the information or produced the document. Notice requiring information about enrolments (11) For paragraph (1)(e), the Secretary may, by written notice, require an individual to give to the Secretary, in a form and manner approved by the Secretary, information stated in the notice in relation to the child’s enrolment for sessions of care provided, or to be provided, by an approved child care service.