Document ID: chunk:federal_register_of_legislation:C2012A00109:clause:1_115cb:p1
Version: federal_register_of_legislation:C2012A00109
Segment Type: clause
Provision Reference: sch 1 cl 115CB (pt 1/2)
Character Range: 30240–32669

115CB  When a DAPP claimant is eligible for dad and partner pay
 (1) This section sets out when a DAPP claimant is eligible for dad and partner pay for a child on a day.

Eligible
 (2) First, a DAPP claimant is eligible for dad and partner pay for a child on a day if, on that day:
 (a) the claimant satisfies the work test (see Division 3 of Part 2‑3 and sections 115CD, 115CE and 115CF); and
 (b) the claimant satisfies the income test (see Division 4 of Part 2‑3 and sections 115CG, 115CH and 115CJ); and
 (c) the claimant satisfies the Australian residency test (see Division 5 of Part 2‑3); and
 (d) the claimant is caring for the child (see Division 6 of this Part); and
 (e) the claimant is not working (see Division 7 of this Part).
 (3) Second, a DAPP claimant is eligible for dad and partner pay for a child on a day if:
 (a) the child is stillborn or has died before that day; and
 (b) on that day, the claimant would be eligible under subsection (2) for dad and partner pay for the child, if paragraphs (2)(d) and (e) were disregarded; and
 (c) the claimant would have been caring for the child on that day had the child not been stillborn or died.
 (4) Third, a DAPP claimant is eligible for dad and partner pay for a child on a day if, on that day, the claimant satisfies:
 (a) the work test (see Division 3 of Part 2‑3 and sections 115CD, 115CE and 115CF); and
 (b) the income test (see Division 4 of Part 2‑3 and sections 115CG, 115CH and 115CJ); and
 (c) the Australian residency test (see Division 5 of Part 2‑3); and
 (d) the conditions prescribed by the PPL rules.

Not eligible—overlap with PPL period
 (5) If there is in force a payability determination that parental leave pay is payable to a person for a child for the person's PPL period, then, despite subsections (2), (3) and (4), the person is not eligible for dad and partner pay for the child on a day that is in the PPL period.

Not eligible—overlap with DAPP period for another child
 (6) If there is in force a payability determination that dad and partner pay is payable to a person for a child for the person's DAPP period, then, despite subsections (2), (3) and (4), the person is not eligible for dad and partner pay for another child on a day that is in that DAPP period.

Not eligible—excess days
 (7) Despite subsections (2), (3) and (4), if:
 (a) there is in force a payability determination that parental leave pay is payable to a person