Child Care (Child Swapping Integrity Measure—Inclusion Support Programme) Amendment Determination 2016

I, SIMON BIRMINGHAM, Minister for Education and Training, make this Determination under subsection 49(3) of the A New Tax System (Family Assistance) Act 1999 and subsection 205(1) of the A New Tax System (Family Assistance) (Administration) Act 1999.

Dated:  27 April 2016

1 Name of Determination

  This Determination is the Child Care (Child Swapping Integrity Measure—Inclusion Support Programme) Amendment Determination 2016.

2 Commencement

  This Determination commences on 1 July 2016.

3 Amendments

  The Child Care Benefit (Children in respect of whom no-one is eligible) Determination 2015 and the Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Determination 2000 are amended as set out in Parts 1 and 2 of the Schedule respectively.

Schedule

Part 1—Amendments to the Child Care Benefit (Children in respect of whom no-one is eligible) Determination 2015

1   Section 4

Replace the definition of eligible ISS child with:

“eligible ISP child means a child in respect of whom an approved family day care service is receiving funding, under a funding agreement entered into under the auspices of the Commonwealth Inclusion Support Programme, of IDF Family Day Care Top Up, as referred to in the Inclusion Support Programme Guidelines 2016-2017 to 2018-2019 but only where the funding is made in respect of a child who is undergoing assessment for disability, including where the assessment is ongoing or continuous, as described in those Guidelines.”

2   Section 4

Replace the definition of Inclusion and Professional Support Program Guidelines for 2013-2016 with:

“Inclusion Support Programme Guidelines 2016-2017 to 2018-2019 means the guidelines of that name made for the Inclusion Support Programme administered by the Department of Education and Training, as published on 11 February 2016.”

3   Section 4

 Repeal the definition of Inclusion Support Subsidy.

4   Paragraph 8(2)(a)

Replace the paragraph with:

“(a) the child is an eligible disability child or an eligible ISP child; or”.

Part 2—Amendments to the Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Determination 2000

5   Section 3

Replace the definition of eligible ISS child with:

“eligible ISP child has the same meaning as in the Child Care Benefit (Children in respect of whom no-one is eligible) Determination 2015.”

6   Section 3

Replace the definition of Inclusion Support Subsidy with:

“Inclusion Support Programme means the program referred to in item 109 of Part 4 of Schedule 1AB to the Financial Framework (Supplementary Powers) Regulations 1997.”

7   Paragraph 10A(3)(b)

Replace “eligible ISS child” with “eligible ISP child”.

8   Note at the end of subsection 10A(3)

Replace the note with:

“Note:  The documentary evidence mentioned in paragraph (b) could be a copy of information that the service has received regarding funding under the Inclusion Support Programme in relation to the child.”

9   Subsection 10A(7)

Replace the subsection with:

“The service will, within 7 days of being notified that funding under the Inclusion Support Programme is no longer being paid in relation to a child to whom subsection (3) applies, or applied, record that fact and any other relevant information in the register mentioned in subsection (6).”