Commonwealth Numbered Acts Commonwealth Numbered Acts
Module A--Interpretation Definitions
A1 In this Schedule:
minimum family payment rate , in relation to a person, has the same meaning as in the Social Security Act 1991 .
non-standard hours family day care means hours of care provided by a * family day care service at times that are identified in the service's conditions of approval as being non-standard hours of the service.
part-time family day care means standard hours family day care provided by a * family day care service for a child in a week during which the service provides a total of less than 50 hours of standard hours family day care for the child.
school child has the meaning given by point A2.
standard hours family day care means hours of care provided by a * family day care service at times that are identified in the service's conditions of approval as being standard hours of care.
week means the first or second week of a * payment period.
Meaning of school child
A2(1) A child is a school child for the purposes of this Schedule if the child is attending primary or secondary school, or is on a break from school (for example, school holidays) and will be attending primary or secondary school after that break.
(2) The Minister may determine in writing that children in a specified class are to be treated as though they were attending primary or secondary school for the purposes of this Schedule. The determination has effect accordingly.
(3) The Minister may determine in writing that children in a specified class are to be treated as though they were not attending primary or secondary school for the purposes of this Schedule. The determination has effect accordingly.
(4) A determination under subpoints (2) and (3) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .
Module B--Overall rate calculation process Method of calculating rate
B1 The rate of child care assistance is a rate per * payment period worked out in accordance with Method statement B1.
Method statement B1
Step 1. Identify the qualifying sessions of care for the person and for each week of the * payment period (see Module C).
Step 2. Identify the eligible hours of care (see Module D) in relation to:
(a) the first week of the payment period; and
(b) the second week of the payment period.
Step 3. Work out the amount calculated in accordance with the formula set out in point B2 in relation to:
(a) each of the eligible hours of care in the first week; and
(b) each of the eligible hours of care in the second week.
Step 4. Add together the total of those amounts for each week.
Step 5. The rate of child care assistance is worked out by adding together the amounts worked out under Step 4 and then rounding the total in accordance with point B3.
The main formula
B2(1) The formula to be applied in relation to an eligible hour of care for the purposes of Step 3 in Method statement B1 is:
hourly rebateable fee has the meaning given by Module E.
CA% has the meaning given by Module F.
Rounding amounts
B3 Amounts worked out under Step 5 in Method statement B1 are to be rounded to the nearest 10 cents (rounding 5 cents upwards).
Payment of child care assistance at maximum rate to people in hardship
B4(1) The Secretary may, in writing, determine that a person should receive child care assistance at the maximum rate because the person is or was in hardship. The determination:
(b) is to be made in accordance with guidelines in force under subpoint (4).
(b) the CA% is 100%.
(4) The Minister may, by determination in writing, make guidelines relating to the making of determinations under subpoint (1).
(5) A determination under subpoint (4) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .
Module C--Qualifying session of care Qualifying session of care --basic meaning
C1 Subject to points C2 and C3, a * session of care for a child is a qualifying session of care in relation to a person and a * payment period if:
(b) no provision of Part 3 of Chapter 2 applies to make child care assistance not payable to the person in respect of the time of the session.
C2 Once a * session of care for a child has been counted (for the purposes of this Schedule) as a qualifying session of care in relation to a person, it cannot be counted again as a qualifying session of care for the purposes of determining the child care assistance payable to the person, or another person, pursuant to another claim.
Dealing with session of care in respect of which 2 people have made claims
C3(1) If 2 people claim child care assistance in respect of the same * session of care for a child, the Secretary is to decide in writing which of them is to receive any child care assistance payable in respect of the session. The session is not a qualifying session of care in relation to the other person.
(2) In making the decision, the Secretary must have regard to whether one of the people is the primary carer for the child.
(3) The Secretary is to give notice of the decision to each of the people.
Module D--Eligible hour of care Eligible hour of care --basic meaning
D1(1) Each of the hours in a qualifying session of care is, subject to points D2 and D3, an eligible hour of care .
(3) If a qualifying session of care includes part only of an hour, and the service charges for the whole of that hour, the whole of that hour is, subject to points D2 and D3, an eligible hour of care.
Eligible hour of care --the 20 hour per week per child limit if work/training/study test not satisfied
D2(1) This point applies to a person in respect of a week unless:
(ii) if the person is a member of a couple--both the person and the person's partner satisfy the work/training/study test at some time in the week; or
(ii) pursuant to a claim that was determined before the week.
(b) any session provided by a service at a time in relation to which a determination under subpoint (7) applies.
(4) The Secretary may, in writing, determine which of the hours in the qualifying sessions of care for a child in a week are to count as the first 20 hours. The determination is to be made in accordance with guidelines in force under subpoint (10).
(5) The Secretary may, in writing, determine that a child needs or needed access to a specified higher total number of hours of care per week because:
(b) the child's family is or was in crisis; or
(c) the child is or was a dependent child of a person who is or was disabled and whose partner (if any) is or was also disabled.
(6) Subpoint (3) has effect in respect of the period to which a determination under subpoint (5) applies as if the reference in that subpoint to 20 hours were instead a reference to the higher number of hours specified in the determination.
(7) The Minister may, by determination in writing, exempt a specified * child care assistance service from the limit imposed by this point if:
(b) not to grant the exemption would be likely to result in the closure of the service.
(b) may be expressed so that the exemption is made subject to conditions.
(10) The Minister may, by determination in writing, make guidelines relating to making of determinations under subpoints (4), (5) and (7).
(11) A determination under subpoint (10) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .
Eligible hour of care --the 50 hour limit per week per child
D3(1) Subject to subpoint (5), it is only the first 50 hours of care in the qualifying sessions of care for a child in a week that are eligible hours of care in those sessions.
(2) The Secretary may, in writing, determine which of the hours in the qualifying sessions of care for a child in a week are to count as the first 50 hours. The determination is to be made in accordance with guidelines in force under subpoint (7).
(3) The Secretary may, in writing, determine that, because of work related commitments, the person needs or needed a specified higher total number of hours of care per week for the child. The determination is to be made in accordance with guidelines in force under subpoint (7).
(4) The Secretary may, in writing, determine that a child needs or needed access to a specified higher total number of hours of care per week because:
(b) the child's family is or was in crisis.
(5) Subpoint (1) has effect in respect of the period to which a determination under subpoint (3) or (4) applies as if the reference in it to 50 hours were instead a reference to the higher number of hours specified in the determination.
(6) A determination under subpoint (3) or (4) applies in respect of the period specified in the determination (which may be a period starting before or after the determination is made).
(7) The Minister may, by determination in writing, make guidelines relating to the making of determinations under subpoints (2), (3) and (4).
(8) A determination under subpoint (7) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .
Module E--Hourly rebateable fee Hourly rebateable fee --basic meaning
E1(1) The hourly rebateable fee in relation to an eligible hour of care is the lesser of:
(b) the applicable fee limit set out in the table below.
A pplicable fee limit | ||
|---|---|---|
| Item | Kind of care provided in hour | Fee limit |
| 1 |
Care for a non-school child, other than part-time family day care or
non-standard hours family day care | $2.30 |
| 2 | Care for a school
child, other than part-time family day care or non-standard hours
family day care | $1.95 |
| 3 | Part-time family day care for a
non-school child | the lesser of $3.05 and the ceiling rate (see
subpoint (2)) |
| 4 | Part-time family day care for a school child | the
lesser of $2.60 and the ceiling rate (see subpoint (3)) |
| 5 |
Non-standard hours family day care for a non-school child | $3.05 |
| 6
| Non-standard hours family day care for a school child | $2.60 |
E2(1) This point applies if the person, or the person's partner, is reimbursed for some or all of the fee charged by a * child care assistance service in respect of one or more eligible hours of care in a week.
(2) In respect of each eligible hour of care in the week (not just the hours to which the reimbursement relates), the fee charged by the * child care assistance service for the hour of care is, for the purposes of point E1, to be reduced by the amount worked out in accordance with Method statement E1.
Method statement E1
Step 1. Work out the total amount reimbursed to the person, or the person's partner, as mentioned in subpoint (1) in respect of the week.
Step 2. Divide the amount by the total number of eligible hours of care in the week.
Step 3. The fee charged by the * child care assistance service for each of those eligible hours of care is to be reduced by the amount worked out under Step 2.
(3) The Minister may determine in writing:
(b) a mechanism for working out the amount taken to be reimbursed to a person for the purposes of this point.
Module F--CA% Method of calculating CA%
F1 The CA % in relation to a person and an eligible hour of care is worked out in accordance with Method statement F1.
Method statement F1
Step 1. Work out if the person is receiving family payment at more than the minimum family payment rate. The following rules then apply:
(a) if the person is receiving family payment at more than that rate--the CA% is to be worked out in accordance with point F5;
(b) in any other case--go to Step 2.
Step 2. Work out the person's annual income (see point F2). The following rules then apply:
(a) if the person's annual income is at or below the income cut out point (see point F3), go to Step 3;
(b) if the person's annual income exceeds the income cut out point, the CA% is 0% (resulting in a nil rate of payment).
Step 3. Divide the person's annual income by 52 to produce a weekly rate of income. The following rules then apply:
(a) if the person's weekly income is at or below the threshold amount (see point F4), the CA% is to be worked out in accordance with point F5;
(b) if the person's weekly income exceeds the threshold amount, the CA% is to be worked out in accordance with point F6.
The person's annual income
F2(1) For the purpose of this Module, the person's annual income is to be worked out in accordance with the regulations.
(2) Without limiting subpoint (1), the regulations may:
(b) identify amounts to be included in a person's income; and
(c) identify amounts not to be included in a person's income; and
(d) provide for the use of estimates in determining a person's income; and
(e) provide for a person's income to be recalculated in certain circumstances; and
(f) make different provision in respect of different classes of people.
The income cut out point
F3 The income cut out point , in relation to the person and the eligible hour of care, is:
(b) if the number of children in care of that kind is 2--$77,084; or
(c) if the number of children in care of that kind is 3 or more--$94,095.
Note 2: The amounts specified in this subpoint are to be indexed in accordance with Module G.
F4 The threshold amount is $522.
F5(1) The CA% in relation to a person and an eligible hour of care is to be worked out in accordance with the formula in subpoint (2) if:
(b) paragraph (a) of Step 3 in Method statement F1 applies.
(3) In this formula:
ceiling , in relation to the person and the eligible hour of care, means the amount worked out by multiplying $115 by the number of children in care of that kind.
minimum fee , in relation to the person and the eligible hour of care, means:
(b) if the number of children in care of that kind is 2 or more--$22.
Note 2: The amounts specified in the definitions of ceiling and minimum fee are to be indexed in accordance with Module G.
F6(1) The CA% in relation to a person and an eligible hour of care is to be worked out in accordance with the formula in subpoint (2) if paragraph (b) of Step 3 in Method statement F1 applies.
(2) The formula is:
(3) In this formula:
excess income means the amount of the excess referred to in paragraph (b) of Step 3 in Method statement F1.
withdrawal rate means the amount worked out in accordance with the formula set out in subpoint (4).
minimum fee , in relation to the person and the eligible hour of care, means:
(b) if the number of children in care of that kind is 2 or more--$22.
Note 2: The amounts specified in the definitions of ceiling and minimum fee are to be indexed in accordance with Module G.
(5) In this formula:
ceiling has the same meaning as in subpoint (3).
minimum fee has the same meaning as in subpoint (3).
weekly cut out point means the amount worked out by dividing the income cut out point worked out under point F3 by 52.
threshold amount has the same meaning as in point F4.
Meaning of number of children in care of that kind
F7 For the purposes of applying this Module to a person and an eligible hour of care, the number of children in care of that kind , in relation to the person and the eligible hour of care, is worked out in accordance with Method statement F2.
Method statement F2
Step 1. Work out what kind of care was provided in that hour. For this purpose, the kinds of care are:
(a) care provided for a school child by a * child care assistance service, other than an * occasional care service;
(b) care provided for a non-school child by a child care assistance service, other than an occasional care service;
(c) care provided for a school child by an occasional care service;
(d) care provided for a non-school child by an occasional care service.
Step 2. Work out, in relation to the person, how many children are in qualifying sessions of care of that kind in the week concerned. That number is the number of children in care of that kind in relation to the person and the eligible hour of care.
Module G--Indexation Amounts to be indexed
G1 The amounts specified in the table below are to be indexed in accordance with the regulations.
A mounts to be indexed | |
|---|---|
| Item | Amount |
| 1 | Each amount specified in the table at the end of subpoint
E1(1) |
| 2 | The amount specified in subpoint E1(2) |
| 3 | The amount specified
in subpoint E1(3) |
| 4 | Each amount specified in point F3 |
| 5 | The amount
specified in point F4 |
| 6 | Each amount specified in the definitions of
ceiling and minimum fee in subpoint F5(3) |
| 7 | Each amount specified in the
definitions of ceiling and minimum fee in subpoint F6(3) |
G2(1) The Minister may, in writing, before the day on which an amount is first indexed, determine that a higher amount is to be substituted for that amount. The determination has effect accordingly.
(2) A determination under subpoint (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .
Regulations on indexation
G3(1) The regulations may:
(b) prescribe the way in which an amount is to be indexed; and
(c) make different provision in respect of different amounts.
Consequence of indexing amounts
G4 If an amount (the indexable amount ) is indexed in accordance with the regulations, this Schedule has effect as if the new amount (as indexed) were substituted for the indexable amount on the day when the indexation takes effect.