56Circumstances when 24 hour care limit applies

#### 56 Circumstances when 24 hour care limit applies Overview of section (1) This section sets out the circumstances in which a 24 hour care limit for sessions of care provided to a child applies in a week to the eligibility of certain fee reduction claimants (see paragraph 52(1)(a)). A 24 hour care limit can only apply if the care is provided by an approved child care service other than an approved occasional care service. Meaning of fee reduction claimant and approved child care service (2) In this section (other than subsection (1)): (a) fee reduction claimant does not include an individual if the care the individual is eligible for is provided by an approved occasional care service; and (b) approved child care service does not include an approved occasional care service. 24 hour care certified by a service—if claimant is an individual (3) Subject to subsection (5), a 24 hour care limit applies in the week to a fee reduction claimant who is an individual if the approved child care service providing care to the child certifies that the child needs, or needed, 24 hour care in the week for one or more 24 hour care periods specified in the certificate, because neither the claimant, nor the claimant’s partner (if any), is able to care for the child during those periods for the reason that: (a) both the claimant and the claimant’s partner (if any) have work related commitments during those periods; or (b) exceptional circumstances exist during those periods. 24 hour care certified by a service—if claimant is a service (4) Subject to subsection (5), a 24 hour care limit applies in the week 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 service certifies that the child needs, or needed, 24 hour care in the week for one or more 24 hour care periods specified in the certificate, because neither the individual, nor the individual’s partner (if any), is able to care for the child during those periods for the reason that: (i) both the individual and that individual’s partner (if any) have work related commitments during those periods; or (ii) exceptional circumstances exist during those periods. Limitation on service giving certificates under subsection (3) or (4) (5) An approved child care service may only give a certificate under subsection (3) or (4) if the number of 24 hour care periods specified in the certificate in relation to a child, together with the number of 24 hour care periods specified in each other certificate (if any) given by the service, or any other approved child care service, in relation to the child and the same financial year, does not in total exceed 14. 24 hour care decided by the Secretary (6) Subject to subsection (7), a 24 hour care limit applies in the week to a fee reduction claimant if: (a) the approved child care service providing care to the child has given a certificate under subsection (3) or (4) such that the total of the 24 hour care periods specified in that certificate and other certificates (if any) given by the service, or any other approved child care service, in respect of the child in the same financial year equals 14; and (b) the Secretary considers that, at some time after those 14 24 hour care periods, the child needs or needed 24 hour care for one or more specified 24 hour care periods in the week because: (i) in the case where the claimant is an individual—neither the claimant nor the claimant’s partner (if any); or (ii) in the case where the claimant is the approved child care service providing care to the child—neither the individual in whose care the child last was before the first session of care in the week nor the individual’s partner (if any); is able to care for the child during those periods; and (c) the Secretary considers that the reason for that inability is: (i) because both the individual and the individual’s partner (if any) have work related commitments during those periods; or (ii) because exceptional circumstances exist during those periods. Limitation on Secretary’s decision making under subsection (5) (7) Subject to subsection (8), in respect of a child during a financial year, the Secretary may make a decision under subsection (6) in respect of only 14 24 hour care periods. Maximum of 28 24 hour care periods may be lifted in certain circumstances (8) If: (a) in respect of the child during a financial year, there have already been certificates given, and decisions of the Secretary made, in which the total of the 24 hour care periods specified is 28; and (b) the Secretary is satisfied that it is essential in the circumstances that the child receive one or more further periods of 24 hour care during the financial year; a 24 hour care limit applies in the week to a fee reduction claimant if: (c) the Secretary considers that, at some time after those 28 24 hour care periods, the child needs or needed 24 hour care for one or more specified 24 hour care periods in the week because: (i) in the case where the claimant is an individual—neither the claimant nor the claimant’s partner (if any); or (ii) in the case where the claimant is the approved child care service providing care to the child—neither the individual in whose care the child last was before the first session of care in the week nor the individual’s partner (if any); is able to care for the child during those periods; and (d) the Secretary considers that the reason for that inability is: (i) because both the individual and the individual’s partner (if any) have work related commitments during those periods; or (ii) because exceptional circumstances exist during those periods.