Determination of individual’s entitlement to be paid CCS or ACCS in substitution for individual who has died
67CF Determination of individual’s entitlement to be paid CCS or ACCS in substitution for individual who has died
Preconditions for making determinations
The Secretary may make a determination under this section for an individual (the substitute) only if:
the substitute has made an effective claim in respect of a child for CCS in substitution for an individual who has died; and
the provider of a child care service that provided sessions of care to the child in a week to which the claim relates has given the Secretary a report under section 204B (requirement to report about children for whom care is provided) in relation to the child for each week in which such sessions of care were provided, including such a report as varied, substituted or corrected under subsection 204B(6) or section 204C; and
either of the following applies:
the Secretary has the details of a bank account, maintained by the individual alone or jointly with someone else, into which amounts of CCS or ACCS can be paid;
the Secretary made a request of the individual under section 67FE no more than 28 days ago.
For the purposes of paragraph (1)(b), the provider of the child care service is taken to have given the Secretary a report under section 204B in relation to the child for a week even if the report is not given by the day required under paragraph 204B(2)(d).
The report must still be given in accordance with paragraphs 204B(2)(a), (b) and (c), and the information included in the report as required by those provisions must be accurate and complete (see subsection 204B(3)).
Individual entitled to be paid CCS or ACCS in substitution
If the Secretary is satisfied that the substitute is eligible for an amount of CCS or ACCS under section 85DA of the Family Assistance Act, the Secretary must determine in writing:
that the substitute is entitled to be paid CCS or ACCS in substitution for the individual who has died; and
the amount of CCS or ACCS that the substitute is entitled to be paid.
Individual not entitled to be paid CCS or ACCS in substitution
If the Secretary is not satisfied as referred to in subsection (2), the Secretary must determine that the substitute is not entitled to be paid CCS or ACCS in substitution for the individual who has died.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.