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CHILD CARE PAYMENTS ACT 1997 No. 195 of 1997 - SECT 100
Secretary to determine claim
(1) The Secretary must determine the claim in accordance with subsection (2).
(2) The Secretary must grant the claim if the Secretary is satisfied that:
(a) the person is * entitled to child care rebate in respect of a * payment
period that starts at some time in the period:
(b) the
* information provided by the claimant in relation to the claim
provides a sufficient basis for the determination of the child care
rebate that is or will be payable to the person in respect of a period
consisting of at least the payment period referred to in paragraph (a)
and the next payment period.
Otherwise, the Secretary must reject the
claim.
Note: For the application of this subsection to claims lodged
before the * payment commencement day, see subsection (5).
(3) If the Secretary grants the claim, the determination must specify:
Note: The determination will specify more
than one rate if the amount to be paid to the person in respect of the
* payment periods in the * maximum rebate period will not always be
the same (for example, because of variations in the level of usage of
* child care rebate services).
(4) A determination is not invalid merely because it fails to comply with
subsection (3).
(5) The Secretary may, in relation to a claim lodged before the * payment
commencement day, apply subsection (2) to the claim as if:
(a) the reference
in subparagraph (2)(a)(i) to the * payment period in which the claim is made
were instead a reference to the payment period that starts on the payment
commencement day; and
(b) the reference in subparagraph (2)(a)(ii) to the day on which the claim
is made were instead a reference to the payment commencement day.
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