The Family Assistance Law is the basis for Commonwealth child care fee assistance, which includes the Child Care Subsidy (CCS) and Additional Child Care Subsidy (ACCS).
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Family Assistance Law
The Family Assistance Law also provides for the approval of child care providers to administer child care fee assistance on behalf of families.
The following legislation and legislative instruments make up the legislation relating to child care from 2 July 2018.
Primary Legislation
- A New Tax System (Family Assistance) (Administration) Act 1999
- A New Tax System (Family Assistance) Act 1999
- Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Act 2017
Associated Legislation
- A New Tax System (Goods and Services Tax) Act 1999
- Regulatory Powers (Standard Provisions) Act 2014
- Regulatory Powers (Standard Provisions) Regulation 2015
Legislative Instruments
- Child Care Subsidy Minister’s Rules 2017
- Child Care Subsidy Secretary’s Rules 2017
- Child Care Subsidy (What Constitutes a Session of Care) Determination 2018
- Child Care Subsidy (Transition of Approved Services) Determination 2018
- Family Assistance (Immunisation and Vaccination) (Education) Determination 2018
- Family Assistance (Public Interest Certificate Guidelines) (Education) Determination 2018
Previous Child Care System (Until 1 July 2018)
On 2 July 2018, the Child Care Benefit and Child Care Rebate ceased and were replaced by Child Care Subsidy.
You are still required to meet the requirements of Family Assistance Law and its associated legislation if you are claiming for care provided before 2 July 2018.
The following Legislation and Legislative Instruments make up the requirements for the Child Care Benefit and Child Care Rebate.
Primary Legislation
- A New Tax System (Family Assistance) (Administration) Act 1999
- A New Tax System (Family Assistance) Act 1999
Associated Legislation
Legislative Instruments
A New Tax System
- A New Tax System (Family Assistance) (Administration) (Business Continuity Payments) Determination 2010
- A New Tax System (Family Assistance) (Administration) (Child Care Benefit – amount of enrolment advance) Determination 2007
- A New Tax System (Family Assistance) (Administration) (Child Care Benefit - Statements) Rules 2009 (No.1)
- A New Tax System (Family Assistance) (Administration) (Exemption from Eligibility Rules - Child Care Services of Specified Classes) Determination 2011 (No.1)
- A New Tax System (Family Assistance) (Administration) (Release of Protected Information) (DEEWR) Determination 2009 (No. 1)
Child Care Benefit
- Child Care Benefit (Absences from Care —Permitted Circumstances) Determination 2017
- Child Care Benefit (Activity Requirements and Exemptions) Determination 2017
- Child Care Benefit (Allocation of Child Care Places) Guidelines 2017
- Child Care Benefit (Approved Child Care Service Record Keeping) Rules 2017
- Child Care Benefit (Australian Resident) Guidelines 2017
- Child Care Benefit (Breach of Conditions for Continued Approval) Determination 2017
- Child Care Benefit (Child at Risk and Hardship Determinations) Rules 2017
- Child Care Benefit (Children in respect of whom no-one is eligible) Determination 2015
- Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Rules 2017
- Child Care Benefit (Limits of Hours of Care) Rules 2017
- Child Care Benefit (Session of Care) Determination 2016
- Child Care Benefit (Specified Qualifications for Registered Carers) Determination 2017
- Child Care Benefit (Vaccination Schedules) (Education) Determination 2015
- Child Care Benefit (When Enrolment Ceases) Specification 2017
Family Assistance
- Family Assistance (Meeting the Immunisation Requirements) Principles 2015
- Family Assistance (Present Value of Unpaid Amount – Interest Rate) Determination 2018
- Family Assistance (Public Interest Certificate Guidelines) (Education) Determination 2018
Family Tax Benefit
GST-free Supply Determination
Online learning
Complete the Overview of Family Assistance Law and National Law course in Geccko to learn more.