45Additional criteria for service eligibility rules

#### 45 Additional criteria for service eligibility rules (1) For paragraph 194D(g) of the Family Assistance Administration Act, this section sets out additional criteria for satisfying the service eligibility rules. Centre‑based day care services (2) Where the provider applies for approval in respect of a centre‑based day care service: (a) the service must be: (i) approved as a centre‑based service under the Education and Care Services National Law; or (ii) licensed or registered to operate as an occasional care service under State or Territory law; or (iii) covered by section 50 of these Rules (certain providers not required to meet State/Territory requirements); or (iv) where the service is not an education and care service under the Education and Care Services National Law—a service in respect of which the provider holds any other approvals or licences that are relevant to providing child care and which are required to operate the service under the law of the State or Territory in which the service is situated; and (b) the service must not, in the opinion of the Secretary, operate primarily as an outside school hours care service (for example, by providing care to a majority of children who attend school). Outside school hours care services (3) Where the provider applies for approval in respect of an outside school hours care service: (a) the service must be: (i) approved as a centre‑based service under the Education and Care Services National Law; or (ii) covered by section 50 of these Rules; or (iii) where the service is not an education and care service under the Education and Care Services National Law—a service in respect of which the provider holds any other approvals or licences that are relevant to providing child care and which are required to operate the service under the law of the State or Territory in which the service is situated; and (b) the service must, in the opinion of the Secretary, primarily provide care outside normal school hours to: (i) children who attend school; or (ii) children who attend an early education program provided to children in the year that is 2 years before grade 1 of school (such as preschool or kindergarten); or (iii) a combination of children referred to in subparagraphs (3)(b)(i) and (ii). (3A) For the purposes of paragraph (3)(b), normal school hours include normal hours of an early educational program provided to children in the year that is 2 years before grade 1 of school (such as preschool or kindergarten). Family day care services (4) Where the provider applies for approval in respect of a family day care service, the service must be approved as an FDC service under the Education and Care Services National Law, or be covered by section 50 of these Rules. In home care services (5) Where the provider applies for approval in respect of an in home care service: (a) the service must primarily provide education and care; and (b) the service must not provide any of the following services, except to the extent that they are reasonably incidental to the provision of education and care: (i) undertaking household chores, such as cleaning, shopping, and meal preparation; (ii) other support services, such as parental support, disability support, allied health services, or respite care.