Clause 6. Guaranteed childcare assistance payment: Entitlement

6.

Guaranteed childcare assistance payment: Entitlement

(1)

This subclause applies to:

(a)

a young person who is receiving a young parent payment under subpart 8 of Part 2 of the Act and is the principal caregiver or temporary OB or UCB caregiver of 1 or more dependent children; or

(b)

a young person to whom section 167 of the Act applies who is the principal caregiver or temporary OB or UCB caregiver of 1 or more dependent children.

(2)

An applicant to whom subclause (1) applies is entitled to be granted GCAP in respect of any period to which MSD is satisfied that both of the following apply:

(a)

an eligible child of the applicant is or will be attending an approved early childhood education programme;

(b)

the applicant is-

(i)

complying with a youth activity obligation; or

(ii)

taking actions that would comply with the obligation in section 162(1)(a) of the Act before that obligation applies to the applicant under section 163 of the Act; or

(iii)

undertaking employment in addition to, and during hours when he or she is not, undertaking or participating in an activity described in subparagraph (i) or (ii).

(3)

Subclause (2) is subject to subclauses (5) and (6) and clause 8.

(4)

GCAP may be granted in respect of 2 or more eligible children of an applicant.

(5)

An applicant is not entitled to be granted GCAP in respect of an eligible child and any period unless MSD is satisfied that, during that period, the spouse or partner of the applicant (if any) cannot, for a good and sufficient reason (as defined in this clause), provide care to that child.

(6)

If an applicant's employment in any week exceeds 15 hours, the applicant is not entitled to be granted GCAP under subclause (2)(b)(iii) in respect of that excess.

(7)

In this clause, good and sufficient reason includes (without limitation) that the spouse or partner is, during the period concerned,-

(a)

participating in employment; or

(b)

undertaking a full-time course of secondary instruction, tertiary education, approved training, or work-based learning of a kind referred to in section 162(1)(a) of the Act; or

(c)

required to comply with any youth activity obligation; or

(d)

required to comply with work test obligations; or

(e)

incapacitated by reason of a health condition, injury or disability.