25AFamily tax benefit advance to individual

#### 25A Family tax benefit advance to individual (1) Subject to subclause (2), if family tax benefit advance is paid to an individual, the individual’s Part A rate during the individual’s family tax benefit advance period is to be reduced by the FTB advance rate. (2) If, at any time, the FTB advance rate in respect of an individual would equal or exceed the individual’s Part A rate were subclause (1) to be disregarded, then, with effect from that time, subclause (1) ceases to have effect. (3) In subclause (2), the reference to the individual’s Part A rate includes a reference to a nil rate. Part 2—Amendments relating to child care benefit 42 Subsection 3(1) Before the definition of absence, insert: > 24 hour care has the meaning given in subsection (5). 43 Subsection 3(1) Before the definition of absence, insert: > 24 hour care limit, in respect of a week and child, means a limit of: (a) one or more 24 hour care periods during which 24 hour care is provided to the child, as certified by an approved child care service under subsection 56(3) or (4) or decided by the Secretary under subsection 56(6) or (8); and (b) all of the hours in the sessions of care provided by an approved child care service to the child in the week, other than those hours that are included in a 24 hour care period. 44 Subsection 3(1) Before the definition of absence, insert: > 24 hour care period means a period of time that is at least 24 consecutive hours but less than 48 consecutive hours. 45 Subsection 3(1) (definition of absence) Repeal the definition, substitute: > absence, in relation to care provided by an approved child care service, has a meaning affected by sections 10 and 10A. 46 Subsection 3(1) Insert: > disabled person means a person who is: (a) receiving a disability support pension under Part 2.3 of the Social Security Act 1991; or (b) receiving an invalidity pension under Division 4 of Part III of the Veterans’ Entitlements Act 1986; or (c) participating in an independent living program provided by CRS Australia or such other body determined by the Minister for the purposes of this paragraph; or (d) diagnosed by a medical practitioner or a psychologist (see subsection 3(3)) as a person who is impaired to a degree that significantly incapacitates him or her; or (e) included in a class of persons determined by the Minister to be a disabled person for the purposes of this paragraph. 47 Subsection 3(1) Insert: > week, in relation to child care benefit, has the meaning given in subsection (6). 48 At the end of section 3 Add: (3) For the purposes of paragraph (d) of the definition of disabled person, the reference to a psychologist is a reference to a psychologist who: (a) is registered with a Board established under a law of a State or Territory that registers psychologists in that State or Territory; and (b) has qualifications or experience in assessing impairment in adults. (4) A determination by the Minister for the purposes of paragraph (c) or (e) of the definition of disabled person is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. (5) If, in relation to a 24 hour care period and a child: (a) an approved child care service provides care to the child during the whole of the period; or (b) an approved child care service: (i) provides care to the child during more than half of the period; and (ii) during the remaining part of the period, when the service is not providing care to the child, has responsibility for the child; the service providing the care, or providing the care and having the responsibility, is providing 24 hour care to the child. (6) A week, for the purposes of child care benefit, commences on a Monday. 49 Subsection 8(1) Repeal the subsection, substitute: (1) The Secretary may determine: (a) that an individual who is not an Australian resident is to be taken to be an Australian resident for the purposes of Division 4 of Part 3 (eligibility for child care benefit) for a period or indefinitely; and (b) if the determination is for a period—the period in respect of which the individual is to be taken to be an Australian resident. 50 At the end of paragraphs 8(2)(a) and (b) Add “for a period or indefinitely”. 51 Subsection 8(4) Repeal the subsection, substitute: (4) The Minister may make guidelines: (a) relating to the making of determinations under subsection (1); and (b) in particular, setting time limits applicable to the determining of periods under paragraph (1)(b). 52 Section 10 Repeal the section, substitute: