424Regulations: childcare assistance

1. The Governor-General may, by Order in Council, make regulations for the purposes of subpart 12 of Part 2.

2. Regulations made under subsection (1) may (without limitation) do all or any of the following:

3. prescribe eligibility criteria for receiving childcare assistance, including by prescribing that childcare assistance may be paid for the following kinds of childcare facilities or programmes:
   1. childcare facilities or programmes prescribed by the regulations:
   2. other childcare facilities or programmes that MSD has approved in accordance with, and applying criteria and for a period specified in, the regulations:
4. prescribe the kinds of childcare assistance to be provided, which may differ depending on the purposes of the childcare and the age of the child, or in any other prescribed circumstances:
5. prescribe the amounts of childcare assistance to be paid, which may differ depending on the kind of assistance to be provided, the income of the principal caregiver or temporary OB or UCB caregiver, the income of that caregiver’s spouse or partner, the number of dependent children in the family, and the kind of childcare, or in any other prescribed circumstances:
6. define the kinds of income, benefits, credits, and receipts to be treated as income for the purposes of subpart 12 of Part 2, including any limits on the extent to which any income, benefit, credit, or receipt of that kind is to be treated as income for those purposes:
7. prescribe the number of hours a week for the weeks during the year for which childcare assistance is available, which may differ depending on the purposes of the childcare or the principal caregiver’s or temporary OB or UCB caregiver’s activity, employment, or study, or whether the assistance is granted for the school term or during school holidays, or in any other prescribed circumstances:
8. provide for childcare assistance to be available to keep a child’s place open in a childcare facility or programme during temporary absence:
9. regulate the method of application for, and payment of, childcare assistance (which may include provision for payment to be made directly to a childcare facility or provider of a programme, and subject to any conditions specified in the regulations):
10. provide for the recovery of any overpayments of assistance from a childcare facility or the provider of a programme or from the person granted the assistance:
11. prescribe transitional arrangements.

12. Eligibility criteria prescribed, or provided for, under subsection (2)(a) may (without limitation) include criteria based on—

13. the income of—
    1. the principal caregiver or temporary OB or UCB caregiver; and
    2. that caregiver’s spouse or partner:
14. the age of the dependent child and whether the child attends school:
15. whether any of the following people has a disability or serious illness:
    1. the dependent child:
    2. the principal caregiver or temporary OB or UCB caregiver of the dependent child:
    3. any of the other dependent children of that caregiver (whether that person is the principal caregiver or temporary OB or UCB caregiver of any of those other dependent children):
16. whether there is another person available to care for the child:
17. whether the principal caregiver or temporary OB or UCB caregiver is undertaking employment or is engaged in—
    1. an employment-related activity arranged or approved by MSD; or
    2. an approved course of study; or
    3. an approved rehabilitation programme.

18. Regulations made under subsection (2)(d) that narrow (including, without limitation, by exempting from) the kinds of income, benefits, credits, and receipts to be treated as income have effect in respect of any income, benefits, credits, and receipts specified in the regulations on and after a date that is—

19. a date that is specified in the regulations; and
20. a date before, on, or after the date on which the regulations are made.

21. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Compare

• 1964 No 136 s 132AC

Notes

• Section 424(2)(c): amended, on 1 July 2021, by section 8 of the Social Security (Financial Assistance for Caregivers) Amendment Act 2021 (2021 No 25).
• Section 424(2)(e): amended, on 1 July 2021, by section 8 of the Social Security (Financial Assistance for Caregivers) Amendment Act 2021 (2021 No 25).
• Section 424(3)(a): replaced, on 1 July 2021, by section 8 of the Social Security (Financial Assistance for Caregivers) Amendment Act 2021 (2021 No 25).
• Section 424(3)(c): replaced, on 1 July 2021, by section 8 of the Social Security (Financial Assistance for Caregivers) Amendment Act 2021 (2021 No 25).
• Section 424(3)(e): amended, on 1 July 2021, by section 8 of the Social Security (Financial Assistance for Caregivers) Amendment Act 2021 (2021 No 25).
• Section 424(5): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).