Child Care Benefit (Children in respect of whom no-one is eligible) Amendment Determination 2017 (Cth)

Child Care Benefit (Children in respect of whom no-one is eligible) Amendment Determination 2017

A New Tax System (Family Assistance) Act 1999

I, Simon Birmingham, Minister for Education and Training, make this Determination under subsection 49(3) of the A New Tax System (Family Assistance) Act 1999.

Dated: 19 February 2017

Simon Birmingham

Minister for Education and Training

1 Name

This Determination is the Child Care Benefit (Children in respect of whom no-one is eligible) Amendment Determination 2017.

2 Commencement

This Determination commences on 13 March 2017.

3 Authority

This Determination is made under subsection 49(3) of the A New Tax System (Family Assistance) Act 1999.

4 Application

To avoid doubt, the amendments made by this Determination apply in relation to eligibility for sessions of care that occur on and from commencement.

5 Amendments

The Child Care Benefit (Children in respect of whom no-one is eligible) Determination 2015 is amended as set out in Schedule 1.

Schedule 1 1 Section 4 Replace paragraph (c) of the definition of eligible disability child with:

"(c) documentary evidence of the diagnosis has been provided to the approved family day care service providing care to the child in accordance with the timeframes stated in section 10 of this Determination; and".

2 Section 4 Insert new definition after definition of eligible ISP child:

"engaged in activities means:

(a) the individual is engaged in an activity on the care day that is part of a formal timetable of activities provided by the RTO, and where participation in that activity can only reasonably occur at a set time on the care day; and (b) without limitation, engagement in activities could involve attending a lecture (in person, or online) or undertaking an exam, which is only scheduled at a set time on the day during which the session of care occurs, however does not include engagement in activities where the activities are outside of the individual's formal timetable, such as where the individual is engaged in homework, group activity, viewing a pre-recorded lecture or assessment work, or where the activity is engaged in on a day that is not the day during which the session of care occurs and during a time that would not usually overlap or conflict with the session of care."