13Additional eligibility requirements for ACCS (transition to work)

13 Additional eligibility requirements for ACCS (transition to work)

(1) For paragraph 85CK(1)(c) of the Family Assistance Act, the prescribed requirements that must be met by an individual at the start of a CCS fortnight to which a session of care relates are: (a) the requirements (the activity requirements) set out in subsection (2); and (b) the requirements (the income requirements) set out in subsection (3).

(2) In order for an individual to meet the activity requirements, the individual must meet at least one of the following during the period provided by subsections (12) and (13): (a) the requirements (the study requirements) set out in subsections (7) and (8); (b) the requirements (the job search requirements) set out in subsection (10); (c) the requirements (the work/training requirements) set out in subsection (11). Income requirements (3) An individual meets the income requirements where the estimate of the individual’s adjusted taxable income that would be used to determine the individual’s entitlement to CCS for the week to which the session of care relates, including as determined by Division 4 of Part 3A of the Family Assistance Administration Act, is equal to or lower than the lower income (base rate) threshold (as referred to in clause 3 of Schedule 2 to the Family Assistance Act).

Note: Adjusted taxable income is defined in Schedule 3 to the Family Assistance Act to include the income of any partner of the individual as set out in that Schedule.

Study requirements (7) An individual meets the study requirements in relation to an approved course of education or study if: (a) the course is of the following type or of the following level: (i) a secondary course within the meaning of Schedule 1 to the Student Assistance (Education Institutions and Courses) Determination 2019; (ii) a preparatory course within the meaning of the Student Assistance (Education Institutions and Courses) Determination 2019; (iii) level 2 (Certificate II) through to level 8 (up to Graduate Diploma) of the Australian Qualifications Framework; and

Note: For approved course of education or study, see subsection 541B(5) of the Social Security Act 1991 and subsection 3(1) of the Family Assistance Act.

(b) the individual is making satisfactory progress in that course of education or study; and
(c) where the course of education or study is of a kind described in subparagraph (a)(iii), the study occurs at a level that is above any level that the individual has already studied at within the last 10 years, unless:
(i) on a single occasion, the individual studied a course of education or study at a higher level than the level at which they are currently studying for a period of less than 6 weeks; or
(ii) the individual has, only once, begun studying at a level below a qualification already achieved, where the study (if completed) will qualify the individual for an occupation listed in the list known as the Skills Priority List (prepared by Jobs and Skills Australia, and as existing from time to time) and the study involves progression towards a qualification that the individual has not already studied towards; or
(iii) on 1 July 2018, the individual is in receipt of the payment known as Jobs Education and Training (JET) Child Care Fee Assistance that is paid by the Commonwealth in respect of a course of education or study and the individual was engaged in that course of education or study on that day.