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s 54C

Days to which the percentage of care applies if section 51 or 52 applied in relation to a responsible person

In force
Division 4Percentage of care
Subdivision BDetermination of percentage of care

54C Days to which the percentage of care applies if section 51 or 52 applied in relation to a responsible person

(1)

If:

(a)

a determination of a responsible person’s percentage of care for a child is made under section 49 or 50; and

(b)

section 51 or 52 applied in relation to the responsible person;

then:

(c)

the percentage of care referred to in subsection 51(3) or 52(3) applies to each day in a child support period that occurs in the interim period for the determination unless a revocation of the determination under Subdivision C of this Division takes effect; and

(d)

the percentage of care referred to in subsection 51(4) or 52(4) applies to each day in a child support period that occurs after the interim period for the determination unless a revocation of the determination under Subdivision C of this Division takes effect.

(2)

The interim period for the determination:

(a)

starts on the application day for the determination; and

(b)

ends at the end of the earliest of the following days:

(i)

the day specified by the Registrar;

(ii)

if section 51 applied in relation to the responsible person—the day before the day on which the action referred to in paragraph 51(1)(d) ends;

(iii)

if section 52 applied in relation to the responsible person—the day before the day on which the action referred to in subparagraph 52(1)(d)(ii) ends;

(iv)

if a care arrangement in relation to the child begins to apply on a day after the application day for the determination—the day before the day on which the care arrangement begins to apply.

(3)

The day specified by the Registrar under subparagraph (2)(b)(i) must be the last day in the 14 week period, or such other longer period as is specified under subsection (4), that starts on the change of care day for the responsible person.

(4)

If the Registrar is satisfied that special circumstances exist in relation to the person who has reduced care of the child, the Registrar may specify a period of up to 26 weeks for the purposes of subsection (3).

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