Commonwealth Numbered Acts

CHILD CARE PAYMENTS ACT 1997 No. 195 of 1997 - SECT 78

(2) The conditions to be satisfied in relation to a ^* session of care are:

(a) the child is a ^* dependent child of the person, or the person's partner, during the session; and

(b) the care is provided in Australia by a ^* child care rebate service; and

(c) the child is not a dependent child of a person who is, or of the partner of a person who is:

(i) the operator of the service; or

(ii) a member of a business partnership that operates the service; and

(d) the person, or the person's partner, incurs or has incurred a liability to pay for the session (whether or not that liability has been discharged); and

(e) the person, and the person's partner (if any), ^* satisfy the work/training/study test at some time during the week of the ^* payment period in which the session occurs; and

(f) none of the following provisions apply to make the person not qualified to receive child care rebate in respect of the session of care:

(i) section 80;

(ii) section 81; and

(g) the person, or the person's partner, is an ^* inhabitant of Australia during the session; and

(h) the session starts on or after the ^* payment commencement day.

Note: See section 82 for treatment of a session of care when the child is absent from some or all of the session.

business partnership means a partnership between 2 or more persons carrying on a business of providing child care.