81Fee reductions or child care benefit rate determined by the Secretary

#### 81 Fee reductions or child care benefit rate determined by the Secretary Overview of section (1) This section provides for the rate applicable to: (a) an individual in respect of whom a determination of conditional eligibility under section 50F of the Family Assistance Act is in force; or (b) an approved child care service that is eligible under section 47 for child care benefit by fee reduction for sessions of care provided by the service to a child at risk; if the Secretary makes a determination as provided for in this section. Secretary may determine rate in cases of hardship—individual conditionally eligible (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 and a child for child care benefit by fee reduction for care provided by an approved child care service to the child; and (b) either: (i) the total period specified in certificates given by the service under section 76 and certificates given under subsection 76(1) for a reason set out in subparagraph 76(1)(b)(ii) (hardship) by any other approved child care service, in respect of the child in the same financial year equals 13 weeks; or (ii) the service is not able to give a certificate under subsection 76(1) because of the operation of section 79 or 80; and (c) the Secretary is satisfied that the individual is experiencing hardship of a kind specified in a determination in force under paragraph 82(3)(a); and (d) the individual applies to the Secretary under subsection (5); the Secretary may determine the hourly rate of fee reductions for sessions of care the service provides to the child while the determination is in force. Secretary may determine rate if child at risk and individual conditionally eligible (3) If: (a) a determination of conditional eligibility under section 50F of the Family Assistance Administration Act is in force in respect of an individual and a child for child care benefit by fee reduction for care provided by an approved child care service to the child; and (b) the service either: (i) has given a certificate under section 76 such that the total period specified in that certificate and other certificates (if any) given by the service under that section in respect of the child in the same financial year equals 13 weeks; or (ii) is not able to give a certificate under subsection 76(1) because of the operation of section 79; and (c) the Secretary is satisfied that the child is at risk of serious abuse or neglect; and (d) the service applies to the Secretary under subsection (5); the Secretary may determine the hourly rate of fee reductions for sessions of care the service provides to the child while the determination is in force. Secretary must determine rate if service eligible and child at risk (4) If: (a) an approved child care service is eligible under section 47 for child care benefit by fee reduction for sessions of care provided by the service to a child at risk; and (b) the service either: (i) has given a certificate under section 76 such that the total period specified in that certificate and other certificates (if any) given by the service under that section in respect of the child in the same financial year equals 13 weeks; or (ii) is not able to give a certificate under subsection 76(2) because of the operation of section 79; and (c) the Secretary is satisfied that the child is at risk of serious abuse or neglect; and (d) the service applies to the Secretary under subsection (5); the Secretary must determine the hourly rate of child care benefit for sessions of care the service provides to the child while the determination is in force. Application for determination (5) An application under subsection (2), (3) or (4) must: (a) be made in the form and manner; and (b) contain any information; and (c) be accompanied by any documents; required by the Secretary. Determination to specify certain things (6) A determination must specify the rate and the period for which the determination is in force. Period specified in the determination (7) The period specified in a determination: (a) must be a number of complete weeks; and (b) may start before or after the determination is made. Notice to be given of a determination under subsection (2) (8) The Secretary must give notice of a determination made under subsection (2) to the individual and the service providing the care to the child. Notice to be given of a determination under subsection (3) or (4) (9) The Secretary must give notice of a determination made under subsection (3) or (4) to the service providing the care to the child. Content of notice (10) The notice must state: (a) the name of the child concerned; and (b) the rate determined by the Secretary in respect of sessions of care provided by the service to the child; and (c) that the claimant may apply for review of the determination in the manner set out in Part 5 of the Family Assistance Administration Act. (11) The determination is not ineffective by reason only that any, or all, of the requirements of subsection (8), (9) or (10) are not complied with.