Document ID: chunk:federal_register_of_legislation:C2004A01294:clause:2_36:p1
Version: federal_register_of_legislation:C2004A01294
Segment Type: clause
Provision Reference: sch 2 cl 36 (pt 1/2)
Character Range: 35063–37533

36  When an individual is eligible for maternity payment in normal circumstances

 (1) An individual is eligible for maternity payment in respect of a child in any of the 4 cases set out in this section.

Parent of child

 (2) First, an individual is eligible for maternity payment in respect of a child if:
 (a) the individual is a parent of the child; and
 (b) the individual either:
 (i) is eligible for family tax benefit in respect of the child at any time within the period of 13 weeks starting on the day of the child's birth; or
 (ii) would be so eligible except that the individual's rate of family tax benefit, worked out under Division 1 of Part 4, is nil.

Child entrusted to care of individual

 (3) Second, an individual is eligible for maternity payment in respect of a child if:
 (a) the individual is not a parent of the child; and
 (b) the child is entrusted to the care of the individual or the individual's partner within the period of 13 weeks starting on the day of the child's birth; and
 (c) the child continues, or is likely to continue, in that care for not less than 13 weeks; and
 (d) the individual either:
 (i) is eligible for family tax benefit in respect of the child at any time within the period of 13 weeks starting on the day of the child's birth; or
 (ii) would be so eligible except that the individual's rate of family tax benefit, worked out under Division 1 of Part 4, is nil.

Stillborn child

 (4) Third, an individual is eligible for maternity payment in respect of a child if:
 (a) the child is a stillborn child; and
 (b) either:
 (i) the individual would have been eligible for family tax benefit in respect of the child, at any time within the period of 13 weeks starting on the day of the child's delivery, assuming the child had not been a stillborn child; or
 (ii) the individual would have been so eligible on the assumption described in subparagraph (i) except that the individual's rate of family tax benefit, worked out under Division 1 of Part 4, is nil.

Adoption

 (5) Fourth, an individual is eligible for maternity payment in respect of a child if:
 (a) as part of the process for the adoption of the child by the individual, the child is entrusted to the care of the individual by an authorised party; and
 (b) the child is not more than 26 weeks of age at the time the child is entrusted to the care of the individual; and
 (c) the individual either:
 (i) is eligible for family tax benefit in respect of