Document ID: chunk:federal_register_of_legislation:C2012A00109:clause:1_115bb
Version: federal_register_of_legislation:C2012A00109
Segment Type: clause
Provision Reference: sch 1 cl 115BB
Character Range: 21448–23137

115BB  Determination on a claim for dad and partner pay

When Secretary must make determination
 (1) If a person has made an effective claim for dad and partner pay for a child, the Secretary must make a determination on the claim.

When dad and partner pay is payable to DAPP claimant
 (2) The Secretary must determine that dad and partner pay is payable to the DAPP claimant for the claimant's DAPP period if, when making the determination, the Secretary is satisfied that the DAPP claimant was or will be eligible for dad and partner pay on each day in that period.
Note: The Secretary is prevented from making a determination under this subsection in certain circumstances: see Division 3.

DAPP claimant's DAPP period
 (3) The Secretary must specify in the determination under subsection (2) that the claimant's DAPP period:
 (a) starts on the child's maximum DAPP period start day; and
 (b) ends on:
 (i) if the Secretary is satisfied that the DAPP claimant was or will be eligible for dad and partner pay on each day in the child's maximum DAPP period—the child's maximum DAPP period end day; or
 (ii) if the Secretary is satisfied that the DAPP claimant was or will be eligible for a period that is shorter than the child's maximum DAPP period—the last day in the child's maximum DAPP period that the DAPP claimant was or will be eligible for dad and partner pay.

When dad and partner pay is not payable to DAPP claimant
 (4) The Secretary must determine that dad and partner pay is not payable to the DAPP claimant if the Secretary is not satisfied of the matters in subsection (2).

Division 3—When the Secretary cannot make a determination that dad and partner pay is payable