Document ID: chunk:federal_register_of_legislation:C2024C00582:section:31aa:p1
Version: federal_register_of_legislation:C2024C00582
Segment Type: section
Provision Reference: s 31AA (pt 1/2)
Character Range: 77311–79754

31AA  When a person is eligible for parental leave pay on a flexible PPL day for a child
 (1) A person is eligible for parental leave pay on a flexible PPL day for a child if:
 (a) the person is eligible for parental leave pay on the day under subsection (2), (3), (4) or (5); and
 (b) the person is not ineligible for parental leave pay on the day under section 31AB.

Main eligibility rule
 (2) A person is eligible for parental leave pay on a flexible PPL day for a child if:
 (a) the person satisfies the Australian residency test on that day; and
 (b) the person is caring for the child on that day; and
 (c) on that day the person is performing no more than one hour of paid work; and
 (d) if the person has not previously satisfied the work and income tests in relation to the child—the person satisfies the work test and the income test on that day; and
 (e) both of the following apply:
 (i) the person satisfies the Australian residency test on the day the child was born;
 (ii) if the day the child was born is in a newly arrived resident's waiting period that the person is subject to under section 31A—subsection 31A(7) or (7A) applies to the person on the day the child was born.

When child is stillborn or has died
 (3) A person is eligible for parental leave pay on a flexible PPL day for a child if:
 (a) the child is stillborn or has died before that day; and
 (b) on that day, the person would be eligible under subsection (2) for parental leave pay on that day, if paragraphs (2)(b) and (c) were disregarded; and
 (c) the person would have been caring for the child on that day had the child not been stillborn or died.

When person meets prescribed conditions—persons other than special PPL claimants in exceptional circumstances
 (4) A person is eligible for parental leave pay on a flexible PPL day for a child if:
 (a) the person satisfies the Australian residency test on that day; and
 (b) if the person has not previously satisfied the work and income tests in relation to the child—the person satisfies the work test and the income test on that day; and
 (c) both of the following apply:
 (i) the person satisfies the Australian residency test on the day the child was born;
 (ii) if the day the child was born is in a newly arrived resident's waiting period that the person is subject to under section 31A—subsection 31A(7) or (7A) applies to the person on the day the child was born; and
 (d) the person does not