Commonwealth Consolidated Acts Commonwealth Consolidated ActsWhen a claim is to be determined under this section
(1) If:
(a) a PPL claimant has made an effective PPL claim for parental leave pay for a child; and
(b) one or more flexible PPL days for the child (the claimed days ) have been specified in the claim;
the Secretary must make a determination on the PPL claim under this section.
When parental leave pay is payable to the PPL claimant for one or more claimed days
(2) The Secretary must determine that parental leave pay is payable to the PPL claimant for one or more of the claimed days if, when making the determination, the Secretary is satisfied that:
(a) the PPL claimant was or will be eligible for parental leave pay on those days; and
(b) if:
(i) the PPL claimant is a person covered by subsection (3); and
(ii) the child's birth mother has not previously satisfied the work test in relation to the child;
the child's birth mother satisfies the work test on the day the determination is made; and
(c) if:
(i) the PPL claimant is the partner of an adoptive parent of the child; and
(ii) an adoptive parent of the child has not previously satisfied the work test in relation to the child;
the person who gave the PPL claimant the permission referred to in subparagraph (e)(i) satisfies the work test on the day the determination is made; and
(d) if the PPL claimant is a person covered by subsection (3) and the circumstances prescribed by the rules for the purposes of this paragraph do not apply to the PPL claimant:
(i) a permission has been given to the PPL claimant under paragraph 15(1)(a) in relation to the child; and
(ii) the permission has not been revoked; and
(iii) if the determination were made, the number of flexible PPL days for the child for which parental leave pay would be payable to the person would not exceed the number of flexible PPL days specified in the permission; and
(e) if the PPL claimant is a person covered by subsection (4) and the circumstances prescribed by the rules for the purposes of this paragraph do not apply to the PPL claimant:
(i) a permission has been given to the PPL claimant under paragraph 15(1)(b) or (c) in relation to the child; and
(ii) the permission has not been revoked; and
(iii) if the determination were made, the number of flexible PPL days for the child for which parental leave pay would be payable to the person would not exceed the number of flexible PPL days specified in the permission.
Note: The Secretary is prevented from making a determination under this subsection in certain circumstances: see Division 3.
(3) The following persons are covered by this subsection:
(a) a person who:
(i) is a parent (other than an adoptive parent) of the child; and
(ii) is not the child's birth mother;
(b) the partner of the child's birth mother;
(c) the partner of a person covered by paragraph (a).
(4) The following persons are covered by this subsection:
(a) an adoptive parent of the child, if a payability determination under this section that parental leave pay for the child is payable is in force in relation to another adoptive parent of the child;
(b) the partner of an adoptive parent of the child.
(5) The Secretary must specify in a determination made under subsection (2) the claimed days for which parental leave pay is payable to the PPL claimant.
When parental leave pay is not payable to the PPL claimant for one or more claimed days
(6) If the Secretary is not satisfied of the matters in subsection (2) for one or more of the claimed days, the Secretary must:
(a) determine that parental leave pay is not payable to the PPL claimant for those days; and
(b) if:
(i) the PPL claimant has not previously satisfied the work and income tests in relation to the child; and
(ii) the Secretary is satisfied that the PPL claimant satisfies the work test and income test on the day the determination is made;
determine that the PPL claimant is conditionally eligible for parental leave pay for other flexible PPL days for the child.
(7) The Secretary must specify in the determination made under subsection (6) the claimed days for which parental leave pay is not payable to the PPL claimant.