54Circumstances when a limit of 50 hours applies

#### 54 Circumstances when a limit of 50 hours applies Overview of section (1) This section sets out the circumstances in which a limit of 50 hours for sessions of care provided by an approved child care service to a child applies in a week to the eligibility of: (a) a fee reduction claimant (see paragraph 52(1)(a)); or (b) a past period claimant (see paragraph 52(1)(b)). If claimant is an individual and work/training/study test satisfied (2) A limit of 50 hours in the week applies to a fee reduction claimant who is an individual or to a past period claimant if that claimant, and that claimant’s partner (if any), satisfy the work/training/study test at some time in the week. If fee reduction claimant is an approved child care service and work/training/study test satisfied (3) A limit of 50 hours in the week applies to a fee reduction claimant that is an approved child care service if: (a) the person in whose care the child last was before the first session of care in the week is an individual; and (b) the individual, and the individual’s partner (if any), satisfy the work/training/study test at some time in the week. If claimant is an individual and carer allowance is payable (4) A limit of 50 hours in the week applies to a fee reduction claimant who is an individual, or to a past period claimant, if carer allowance for a disabled child (within the meaning of section 952 of the Social Security Act 1991) is payable to the claimant or the claimant’s partner (if any) for some or all of the week: (a) in respect of an FTB child of the claimant or that claimant’s partner; and (b) pursuant to a claim under that Act that was determined before the week. If fee reduction claimant is an approved child care service and carer allowance is payable (5) A limit of 50 hours in the week applies to a fee reduction claimant that is an approved child care service if: (a) the person in whose care the child last was before the first session of care in the week is an individual; and (b) carer allowance for a disabled child (within the meaning of section 952 of the Social Security Act 1991) is payable to the individual or the individual’s partner (if any) for some or all of the week: (i) in respect of an FTB child of the individual or the individual’s partner; and (ii) pursuant to a claim under that Act that was determined before the week. If claimant and partner are disabled persons (6) A limit of 50 hours in the week applies to a fee reduction claimant who is an individual or to a past period claimant if, during the week: (a) the child is an FTB child of the claimant and that claimant is a disabled person (see subsection 3(1)); and (b) the claimant’s partner (if any) is also a disabled person. If fee reduction claimant is an approved child care service—disabled persons (7) A limit of 50 hours in the week applies to a fee reduction claimant that is an approved child care service if: (a) the person in whose care the child last was before the first session of care in the week is an individual; and (b) during the week, the child is an FTB child of the individual and that individual is a disabled person (see subsection 3(1)); and (c) during the week, the individual’s partner (if any) is also a disabled person. If fee reduction claimant is an individual and Secretary considers that exceptional circumstances exist (8) A limit of 50 hours in the week applies to a fee reduction claimant who is an individual if the Secretary considers that, for a specified period that includes, or is the same as, the week, the child needs or needed more than 20, up to a maximum of 50, hours of care in a week because exceptional circumstances exist or existed in the period in relation to the claimant. If fee reduction claimant is an approved child care service and Secretary considers that exceptional circumstances exist (9) A limit of 50 hours in the week applies to a fee reduction claimant that is an approved child care service if: (a) the person in whose care the child last was before the first session of care in the week is an individual; and (b) the Secretary considers that, for a specified period that includes, or is the same as, the week, the child needs or needed more than 20, up to a maximum of 50, hours of care in a week because exceptional circumstances exist or existed in the period in relation to the individual. Service considers that child at risk (10) Subject to subsection (11), a limit of 50 hours in the week applies to a fee reduction claimant if: (a) in the case where the claimant is an individual—the approved child care service providing care to the child; or (b) in the case where the claimant is an approved child care service—the service; certifies that, for a specified period that includes, or is the same as, the week, the child needs or needed more than 20, up to a maximum of 50, hours of care in a week because the child is or has been at risk of serious abuse or neglect. Limitation on service giving certificates under subsection (10) (11) An approved child care service providing care to a child may only give a certificate under subsection (10) if the period specified in the certificate, and the period specified in each other certificate (if any) given by the service under subsection (10) in respect of the child and the same financial year, do not in total exceed 13 weeks. Secretary considers that child at risk (12) A limit of 50 hours in the week applies to a fee reduction claimant if: (a) either: (i) in the case where the claimant is an individual—the approved child care service providing care to the child; or (ii) in the case where the claimant is an approved child care service—the service; has given one or more certificates under subsection (10), such that the total period specified in the certificates in respect of the child in the same financial year equals 13 weeks; and (b) the Secretary considers that the child needs or needed more than 20, up to a maximum of 50, hours of care in a week in a specified period beginning at any time after those 13 weeks, because the child is or has been at risk of serious abuse or neglect; and (c) the week falls within, or is the same as, the period specified by the Secretary. Determination that service is sole provider in area (13) A limit of 50 hours in the week applies to a fee reduction claimant or past period claimant if a determination is in force under section 57 (sole provider) during the week in respect of the approved child care service providing the care to the child. Approved outside school hours care service providing care to child (14) A limit of 50 hours in the week applies to a fee reduction claimant or past period claimant: (a) who is an individual; or (b) that is an approved outside school hours care service providing care to the child; if the Secretary considers that, during the week, the claimant needs or needed care before or after school for the child from an approved outside school hours care service.