Commonwealth Consolidated Acts Commonwealth Consolidated ActsWhen a claim is to be determined under this section
(1) If:
(a) a special PPL claimant has made an effective special 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 special PPL claim under this section.
When parental leave pay is payable to special PPL claimant for the claimed days
(2) The Secretary must determine that parental leave pay is payable to the special PPL claimant for one or more of the claimed days if, when making the determination, the Secretary is satisfied that:
(a) a payability determination under section 13 that parental leave pay for the child is payable to a PPL claimant is in force; and
(b) the special PPL claimant was or will be eligible for parental leave pay on those days; and
(c) if the special PPL claimant is the partner of a person who satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a PPL claim can be made--a permission has been given to the special PPL claimant under subsection 15(2) in relation to the child; and
(d) the permission has not been revoked; and
(e) 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 Secretary must specify in the determination made under subsection (2) the claimed days for which parental leave pay is payable to the special PPL claimant.
When parental leave pay is not payable to the special PPL claimant for the claimed days
(4) 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 special PPL claimant for those days; and
(b) if:
(i) the special PPL claimant is the partner of a person who satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a PPL claim can be made; and
(ii) the special PPL claimant has not previously satisfied the work and income tests in relation to the child; and
(iii) the Secretary is satisfied that the special PPL claimant satisfies the work test and income test on the day the determination is made;
determine that the special PPL claimant is conditionally eligible for parental leave pay for other flexible PPL days for the child.
(5) The Secretary must specify in the determination made under subsection (4) the claimed days for which parental leave pay is not payable to the special PPL claimant.