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FAMILY ASSISTANCE LEGISLATION AMENDMENT (CHEAPER CHILD CARE) ACT 2022 (NO. 66, 2022) - SCHEDULE 6

Discount on fee for session of care in prescribed circumstances

Part 1 -- Main amendments

A New Tax System (Family Assistance) (Administration) Act 1999

Subsection 201B(1A)

Repeal the subsection.

2  Before section 201C

Insert:

201BB   Provider may allow discount for session of care because of prescribed event or circumstance

             (1)  A provider to whom a notice is given of a fee reduction decision referred to in item 1 or 2 of the table in subsection 67EB(2) for an individual, for sessions of care provided by a child care service to a child in a week, may allow the individual, or the individual's partner, a discount (a prescribed circumstances discount ) on the pre-discount fee for the week for the individual, or the individual's partner, that is attributable to one or more sessions of care provided by the service to the child in the week if:

                     (a)  the Minister's rules prescribe a particular event or circumstance; and

                     (b)  each session of care to which the discount relates is provided during the period prescribed by the Minister's rules for that event or circumstance; and

                     (c)  any other conditions prescribed by the Minister's rules for that event or circumstance are met.

Note:          For pre-discount fee , see subsection (4).

             (2)  The prescribed circumstances discount that may be allowed to the individual, or the individual's partner, under subsection (1) in relation to a session of care provided in the week may be the whole, or a part, of the pre-discount fee for the week for the individual, or the individual's partner, that is attributable to the session of care.

             (3)  If the provider allows the individual, or the individual's partner, a prescribed circumstances discount under subsection (1), the amount of the discount is not recoverable from the individual or the individual's partner.

Meaning of pre-discount fee

             (4)  For the purposes of this section, the pre-discount fee for the week for the individual, or the individual's partner, is the difference between:

                     (a)  the total of the hourly session fees for all sessions of care provided by the child care service to the child in the week; and

                     (b)  the sum of:

                              (i)  the fee reduction amount for the fee reduction decision for the individual in relation to those sessions of care; and

                             (ii)  the amount of any payment prescribed by the Minister's rules for the purposes of paragraph 2(2A)(c) of Schedule 2 to the Family Assistance Act that the individual benefited from in respect of those sessions of care; and

                            (iii)  the amount of permissible staff discount (if any) allowed to the individual, or the individual's partner, for the week under subsection 201BA(1).

Paragraph 201C(1)(b)

Repeal the paragraph, substitute:

                     (b)  if the provider has, under subsection 201BB(1), allowed the individual, or the individual's partner, a discount in relation to the session of care--the provider charged immediately before the beginning of the period prescribed for the purposes of paragraph 201BB(1)(b).

Paragraph 201C(1A)(b)

Repeal the paragraph, substitute:

                     (b)  if the provider has, under subsection 201BB(1), allowed the individual, or the individual's partner, a discount in relation to the session of care--the provider charged immediately before the beginning of the period prescribed for the purposes of paragraph 201BB(1)(b).

Subsection 201C(1B)

Repeal the subsection, substitute:

          (1B)  The approved provider of a child care service must not charge an individual to whom, or to whose partner, a permissible staff discount is allowed for a week under subsection 201BA(1), an hourly session fee for a session of care provided by the service that exceeds the hourly session fee that:

                     (a)  the provider would ordinarily charge an individual to whom a permissible staff discount is not allowed under subsection 201BA(1) for the week; or

                     (b)  if the provider has, under subsection 201BB(1), allowed the individual, or the individual's partner, a discount in relation to the session of care--the provider charged immediately before the beginning of the period prescribed for the purposes of paragraph 201BB(1)(b).

          (1C)  If:

                     (a)  an individual is eligible for CCS for a session of care provided by a child care service to a child; and

                     (b)  the approved provider of the service has, under subsection 201BB(1), allowed the individual, or the individual's partner, a discount in relation to the session of care;

the provider must not charge the individual, for the session of care, an hourly session fee that exceeds the hourly session fee that the provider charged immediately before the beginning of the period prescribed for the purposes of paragraph 201BB(1)(b).

Subsections 201C(2) and (3)

Omit "(1A) or (1B)", substitute "(1A), (1B) or (1C)".

7  Application of amendments

The amendments of the A New Tax System (Family Assistance) (Administration) Act 1999 made by this Part apply in relation to sessions of care provided to a child in a week that starts on or after the commencement of this item.

Part 2 -- Other amendments

A New Tax System (Family Assistance) Act 1999

8  Subclause 2(2) of Schedule 2

After "section 201BA", insert "or 201BB".

A New Tax System (Family Assistance) (Administration) Act 1999

Subsection 201B(1) (note)

Omit "Note", substitute "Note 1".

10  At the end of subsection 201B(1)

Add:

Note 2:       If, under subsection 201BB(1), the provider allows the individual, or the individual's partner, a discount in relation to a session of care provided to the child in the week, the amount of the discount is not recoverable from the individual or the individual's partner: see subsection 201BB(3).

11  Application of amendments

The amendments of the A New Tax System (Family Assistance) Act 1999 and the A New Tax System (Family Assistance) (Administration) Act 1999 made by this Part apply in relation to sessions of care provided to a child in a week that starts on or after the commencement of this item.



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