Document ID: chunk:federal_register_of_legislation:C2020A00053:clause:1_17a
Version: federal_register_of_legislation:C2020A00053
Segment Type: clause
Provision Reference: sch 1 cl 17A
Character Range: 27498–29407

17A  Determination on a primary claim

When a claim is to be determined under this section
 (1) If:
 (a) a primary claimant has made an effective primary 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 primary claim under this section.

When parental leave pay is payable to the primary claimant for one or more claimed days
 (2) The Secretary must determine that parental leave pay is payable to the primary claimant for one or more of the claimed days if, when making the determination, the Secretary is satisfied that the primary claimant was or will be eligible for parental leave pay on those days.
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 primary claimant.

When parental leave pay is not payable to the primary claimant for one or more claimed days
 (4) If the Secretary is not satisfied of the matter 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 primary claimant for those days; and
 (b) if:
 (i) the primary claimant has not previously satisfied the work and income tests in relation to the child; and
 (ii) the Secretary is satisfied that the primary claimant satisfies the work test and income test on the day the determination is made;
  determine that the primary 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 primary claimant.