Commonwealth Numbered Acts

CHILD CARE PAYMENTS ACT 1997 No. 195 of 1997 - SECT 133

(1) Subject to subsection (2), if:

(a) an amount has been paid to a person by way of a ^* child care payment in respect of a period; and

(b) the person was not ^* entitled to the child care payment in respect of that period;

No entitlement to amount--debt may instead be owed by service operator

(2) If:

(a) child care assistance is paid on behalf of a person to the operator of a ^* child care assistance service; and

(b) the payment is in respect of a period after the service is no longer providing care for any ^* dependent child of the person or the person's partner;

(c) is a debt due to the Commonwealth by the operator; and

(d) is not a debt due to the Commonwealth by the person under subsection (1).

Note 1: A service may, for example, no longer provide care for a child because the child starts going to another service, because the child dies or because the service ceases to operate.

Note 2: Child care assistance paid on behalf of a person to the operator of a ^* child care assistance service will be paid as part of a ^* group payment.

(3) Subject to subsection (4), if:

(a) an amount has been paid to a person by way of an instalment of a ^* child care payment; and

(b) another amount (the later amount ) is paid to the person in respect of the same instalment; and

(c) the later amount is not a payment of arrears; and

(d) the later amount would not otherwise be a debt due to the Commonwealth;

Duplicate instalments--modified effect of subsection (3) taking into account payments to service operator

(4) Subsection (3) has effect in relation to child care assistance subject to the following qualifications:

(a) if the first amount and the later amount were both paid to the operator of the same ^* child care assistance service on a person's behalf, the later amount is a debt due to the Commonwealth by the operator, not the person;

(b) if one of the amounts was paid in accordance with the method applicable under section 60 and the other was not, it is that other amount (which may be the first amount or the later amount) that is a debt due to the Commonwealth, and it is due by:

(i) the person, if it was paid directly to a person; or

(ii) the operator of the child care assistance service, if it was paid to the operator of a child care assistance service on a person's behalf.

Note: Child care assistance paid on behalf of a person to the operator of a ^* child care assistance service will be paid as part of a ^* group payment.

(5) If:

(a) an amount (the received amount ) has been paid to a person by way of a ^* child care payment; and

(b) because the received amount had not been correctly calculated using the relevant rate calculator, or for any other reason, the received amount is greater than the amount (the correct amount ) of a child care payment that should have been paid to the person under this Act;

Note: The relevant rate calculator is:

(a) for child care assistance--Schedule 1; and

(b) for child care rebate--Schedule 2.

(6) In determining if there is a debt due to the Commonwealth under this section, the effect of regulations made for the purposes of subsections 52(1) and 105(1) is to be taken into account.