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CHILD CARE PAYMENTS ACT 1997 No. 195 of 1997 - SECT 47
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 assistance 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
assistance 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:
(a)
the * maximum assistance period (see section 48); and
(b) the rate or rates at which child care assistance is to be paid to the
person during that period.
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 assistance period will not always
be the same (for example, because of variations in the level of usage
of * child care assistance 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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