42When an individual is conditionally eligible for child care benefit by fee reduction for care provided by an approved child care service

#### 42 When an individual is conditionally eligible for child care benefit by fee reduction for care provided by an approved child care service (1) An individual is conditionally eligible for child care benefit by fee reduction for care provided by an approved child care service to a child if: (a) the child is an FTB child of the individual, or the individual’s partner; and (b) the individual, or the individual’s partner: (i) is an Australian resident; or (ii) meets the requirements set out in subparagraph 729(2)(f)(ii), (iii), (iv) or (v) of the Social Security Act 1991 and is in Australia; or (iii) is undertaking a course of study in Australia and receiving financial assistance directly from the Commonwealth for the purpose of undertaking that study; and (c) where the FTB child is under 7 and born on or after 1 January 1996, either: (i) the child meets the immunisation requirements set out in section 6; or (ii) a pre‑notice period is operating in respect of the individual and the child (see subsection (3)); or (iii) a 63 day notice period is operating in respect of the individual and the child (see section 57E of the Family Assistance Administration Act). Secretary may determine that child is an FTB child (2) The Secretary may determine that a child who is not an FTB child of an individual at a particular time is taken to be an FTB child of the individual at that time for the purposes of paragraph (1)(a). (3) In subparagraph (1)(c)(ii), the reference to a pre‑notice period is a reference to the period of time that ends on the day before a 63 day notice period begins to operate in respect of the individual and the child. Section subject to Subdivision F (4) This section is subject to Subdivision F (which deals with limits on eligibility).