s 67EB

Payments to providers of individuals’ entitlements to CCS or ACCS by fee reduction

In force

(1)

If a fee reduction decision is made for an individual in relation to sessions of care provided by a child care service to a child, the Secretary must pay the fee reduction amount for the decision to the credit of a bank account nominated and maintained by the provider of the service.

Note:

However, the Secretary may instead pay the fee reduction amount directly to the individual (see subsection 67EC(2)).

(2)

The following table sets out the decisions that are fee reduction decisions and the amount that is the fee reduction amount for each such decision. A reference to a provider being given notice of a fee reduction decision is a reference to the provider being given notice of the decision under the provision specified for the decision in the table.

Fee reduction decisions and fee reduction amounts
Item	Fee reduction decision	Fee reduction amount	Notice of the decision
1	a determination made under subsection 67CD(2) of an amount of CCS the individual is entitled to be paid for sessions of care provided by a service to a child in a week, if made while the child is still enrolled for care by the service	the amount of CCS the individual is entitled to be paid less the withholding amount for the payment	subsection 67CE(4)
2	a determination made under subsection 67CD(3), (4) or (6) of an amount of ACCS the individual is entitled to be paid for sessions of care provided by a service to a child in a week, if made while the child is still enrolled for care by the service	the amount of ACCS the individual is entitled to be paid	subsection 67CE(4)
3	a decision on review under Part 5 of this Act or under the ART Act that has the effect that the amount of CCS an individual is entitled to be paid for sessions of care provided by a service to a child in a week in a CCS fortnight is increased (including from nil), if the decision is made: (a) before the individual meets the CCS reconciliation conditions for the income year in which the CCS fortnight starts; and (b) while the child is still enrolled for care by the service	the amount by which the entitlement is increased, less the withholding amount for the payment	subsection 106A(2) or 109B(2A) or section 136
4	a decision on review under Part 5 of this Act or under the ART Act that has the effect that the amount of ACCS an individual is entitled to be paid for sessions of care provided by a service to a child in a week in a CCS fortnight is increased (including from nil), if the decision is made: (a) before the individual meets the CCS reconciliation conditions for the income year in which the CCS fortnight starts; and (b) while the child is still enrolled for care by the service	the amount by which the entitlement is increased	subsection 106A(2) or 109B(2A) or section 136

(3)

The withholding amount, for a payment, is the following percentage of the payment:

(a)

10%;

(b)

if the Minister’s rules prescribe a different percentage and paragraph (c) does not apply—the prescribed percentage;

(c)

if a determination made under subsection (4) applies to the individual—the percentage specified in the determination.

(4)

The Secretary may make a determination specifying a percentage for an individual for the purposes of paragraph (3)(c), if the Secretary is satisfied that the percentage is appropriate to manage a debt that has been or might be incurred by the individual under Part 4.

(5)

A determination made under subsection (4) is not a legislative instrument.

(6)

This section is subject to:

(a)

subsection 67EC(2) (direct payment to individuals); and

(b)

Part 4 (overpayments and debt recovery); and

(c)

paragraph 195H(1)(f) (suspension of payments); and

(d)

section 205B (setting off business continuity payments).

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