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A New Tax System (Family Assistance and Related Measures) Act 2000
141ANotice by Secretary of SSAT decision relating to a determination of conditional eligibility for child care benefit by fee reduction etc.
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#### 141A Notice by Secretary of SSAT decision relating to a determination of conditional eligibility for child care benefit by fee reduction etc.
If:
(a) the SSAT makes a decision on a review in respect of an individual claiming child care benefit by fee reduction for care provided by an approved child care service to a child; and
(b) the decision on review is to vary, or set aside and substitute a new decision for one of the following decisions:
(i) a determination of conditional eligibility;
(ii) a weekly limit of hours, CCB % or schooling % applicable to the individual;
(iii) a determination of rate under subsection 81(2) or (3) of the Family Assistance Act; and
(c) on the day that the SSAT decision is made:
(i) the service is still providing care to the child; and
(ii) a determination of conditional eligibility is still in force in respect of the individual with the effect that the individual is conditionally eligible;
the Secretary must give notice of the SSAT decision to the service. The notice must state the effect of the decision.
122 At the end of section 142
Add:
(5) If a decision is made under subsection 91A(3) of the Child Support (Assessment) Act 1989 about a particular agreement, then, for the purposes of the application of the Administrative Appeals Tribunal Act 1975 to, or to a matter arising out of, the decision, both of the parties to the agreement are taken to be persons whose interests are affected by the decision.
123 At the end of paragraph 144(1)(a)
Add “or to approve the service from a particular day”.
124 At the end of paragraph 144(1)(d)
Add “from a particular day”.
125 At the end of section 154
Add:
(2) The Secretary may require a person to:
(a) give information; or
(b) produce a document that is in the person’s custody or under the person’s control;
to an officer if the Secretary considers that the information or document may be relevant to either or both of the following matters:
(c) whether a person who has claimed family assistance (other than an individual who has claimed child care benefit by fee reduction), but who has not had the claim determined, is eligible for family assistance;
(d) the amount of child care benefit that a person is eligible for.
(3) The Secretary may require a person to:
(a) give information; or
(b) produce a document that is in the person’s custody or under the person’s control;
to an officer if the Secretary considers that the information or document may be relevant to either or both of the following matters:
(c) whether an individual who has claimed payment of child care benefit by fee reduction is conditionally eligible;
(d) if a determination were to be, or has been, made that the individual is so conditionally eligible, what weekly limit of hours, CCB % or schooling % would be, or is, applicable to the individual.
(4) The Secretary may require a person to:
(a) give information; or
(b) produce a document that is in the person’s custody or under the person’s control;
to an officer if the Secretary considers that the information or document may be relevant to either or both of the following matters:
(c) what rate of child care benefit;
(d) what weekly limit of hours;
is applicable under determinations made by the Secretary in respect of an approved child care service that is eligible under section 47 of the Family Assistance Act for child care benefit by fee reduction for care provided to a child at risk.
126 After section 154
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