15BAdditional eligibility requirements

#### 15B Additional eligibility requirements (1) For the purposes of section 85ECA of the Family Assistance Act, the requirements in this section are prescribed. Session of care must only be provided to children of the same family (2) A multiple child session of care must only be provided to children of the same family. (3) For the purposes of subsection (2), children are the children of the same family if each child is an FTB child or a regular care child of the individual eligible for CCS in respect of each of the children being provided with the multiple child session of care, or of the individual’s partner. > Note: For the requirement that a child related to the IHC educator must not be provided with care at a session of care provided by the IHC educator, see subsection (7). Number of pre‑school aged children required (4) An approved provider of an in home care service providing a multiple child session of care must ensure that, for each 5 children provided with the care, no more than 4 children are of preschool age or under (within the meaning of the Education and Care Services National Regulations). Location of in home care (5) Subject to subsection (6), a session of care provided by an in home care service to a child must be provided at the home of the individual who would be eligible for CCS for the session of care. (6) The Secretary may, in writing, determine that the session of care can be provided at a location other than in the individual’s home if the Secretary is satisfied that exceptional circumstances exist to justify the session of care being provided at the other location. IHC educator not to bring certain children to in home care session (7) An IHC educator must not provide care to a child covered by subsection (8) at a session of care provided to one or more other children, or otherwise bring a child covered by that subsection to the session. (8) A child is covered by this subsection if: (a) the child is a child (including an adopted child, a foster child or a kinship child) of the educator, or the educator’s partner; or (b) the educator, or the educator’s partner, otherwise has legal responsibility for the care of the child; or (c) the child is in a relationship with the educator, or the educator’s partner, set out in paragraph 8(1)(ea); or (d) the educator is providing informal care to the child through a personal arrangement. (9) Subsection (7) does not apply in relation to a child to the extent (if any) that subsection 8(4A) applies in relation to the session of care and the child.