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CHILD CARE PAYMENTS ACT 1997 No. 195 of 1997 - SECT 81
The immunisation requirement--retrospective claimants
(1) A person who makes a * retrospective claim for child care rebate in
respect of a * session of care for a child under 7 is not qualified to receive
child care rebate in respect of that session of care unless the Secretary is
satisfied that:
(c) if the child is a *
dependent child of another person, the session of care occurred after:
(d) both of
the following conditions are satisfied:
(e) a recognised immunisation provider has certified in writing
that the vaccine for immunising the child was not available
immediately before or during the session of care for which a claim has
been made; or
(f) a registered medical practitioner has certified in writing that the
child has recovered from the relevant disease, has developed a natural
immunity and does not require immunisation.
(2) If:
(a) neither the person nor the person's partner has made an earlier
claim under this Act (whether retrospective or prospective, whether for child
care assistance or child care rebate, and whether relating to the same or a
different child); and
(b) the Secretary is not satisfied as mentioned in subsection (1) in
respect of a session of care to which the claim relates;
the
Secretary may give the person a notice to the effect that the child
must be * immunised if the person is to receive child care rebate in
respect of the child. The notice must also explain the alternatives to
immunisation that may be available under paragraphs (1)(b) to (f).
(3) If the Secretary gives the person a notice under subsection (2), the
Secretary may apply subsection (1) to the claim and the session of care as if:
(a) references in subsection (1) to particular requirements being satisfied at
the time of the session of care were instead references to those requirements
being satisfied at a time during the period starting after the session of care
and ending at the end of the 28th day after the day on which the notice is
given; and
(b) references in subsection (1) to particular requirements being
satisfied before the session of care were instead references to those
requirements being satisfied at a time during the period referred to
in paragraph (a).
The determination of the claim may be deferred
until the end of the period referred to in paragraph (a).
(4) If:
(a) the Secretary is satisfied as mentioned in a paragraph of
subsection (1) (including as applied under subsection (3)) in relation to the
child; and
(b) the person or the person's partner later makes another * retrospective
claim for child care rebate in relation to the child;
the Secretary
is to regard that paragraph as also being satisfied in relation to the
child and the later claim, unless the Secretary considers that there
is reason to require the matter in the paragraph to be re-established.
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