16Determining hourly rate cap that applies for a session of care

#### 16 Determining hourly rate cap that applies for a session of care (1) For subclause 2(4) of Schedule 2 to the Family Assistance Act, the type of service that applies to a session of care is the same type of service that is: (a) specified in the notice of approval that the Secretary gives to a provider under subsection 194B(4) of the Family Assistance Administration Act; or (b) determined by the Secretary under subitem 9(2) of Schedule 4 to the Jobs for Families Act. (2) Despite subsection (1), a session of care provided by a service specified or determined as a centre‑based day care service is taken to be provided by an outside school hours care service for the purposes of determining the applicable CCS hourly rate cap where the session is provided to a child who attends school. (3) Despite subsection (1), a session of care provided by a service specified or determined as an outside school hours care service is taken to be provided by a centre‑based day care service for the purposes of determining the applicable CCS hourly rate cap where the session is provided to a child who does not yet attend school. (4) For these Rules, a child attends school on a day that is or follows the first day of scheduled physical attendance, and where any of the following apply: (a) the child has turned 6; (b) the child attends the year of school before grade 1; (c) the child attends primary or secondary school; (d) the child is subject to home schooling as recognised in the State or Territory in which the child resides; (e) the child would be attending school as referred to in paragraph (b) or (c), except that the child is absent from school, or is on holidays.