46Eligibility for child care benefit if a conditionally eligible or eligible individual dies

#### 46 Eligibility for child care benefit if a conditionally eligible or eligible individual dies If deceased eligible for child care benefit (1) If: (a) an individual is eligible for an amount of child care benefit in respect of a child (the subject amount) under section 43, 44 or 45; and (b) the individual dies; and (c) before the individual died, the subject amount had not been paid to the individual (whether or not a claim under Part 3 of the Family Assistance Administration Act had been made); and (d) another individual makes a claim under that Part for payment of child care benefit in respect of the child because of the death of a person, stating that he or she wishes to become eligible for so much of the subject amount as does not relate to any period before the beginning of the income year preceding the income year in which the individual died; and (e) the Secretary considers that the other individual ought to be eligible for that much of the subject amount; the other individual is eligible for that much of the subject amount and no‑one else is, or can become, eligible for or entitled to be paid any of the subject amount. If deceased conditionally eligible for child care benefit by fee reduction (2) If: (a) a determination of conditional eligibility under section 50F of the Family Assistance Administration Act is in force in respect of an individual with the effect that an individual is conditionally eligible for child care benefit by fee reduction in respect of a child; and (b) the individual dies; and (c) before the individual died, the individual’s entitlement to be paid child care benefit by fee reduction had not been determined under section 51B of the Family Assistance Administration Act; and (d) another individual makes a claim under Part 3 of that Act for payment of child care benefit in respect of the child because of the death of an individual, stating that he or she wishes to become eligible for such amount (if any) of child care benefit that the first individual would have been entitled to be paid as does not relate to any period before the beginning of the income year preceding the income year in which the first individual died; and (e) the Secretary considers that the other individual ought to be eligible for the amount; the other individual is eligible for the amount and no‑one else is, or can become, eligible for or entitled to be paid that amount.