Document ID: chunk:federal_register_of_legislation:C2004A01294:clause:2_37
Version: federal_register_of_legislation:C2004A01294
Segment Type: clause
Provision Reference: sch 2 cl 37
Character Range: 37796–38892

37  Generally only one individual eligible for maternity payment in respect of a child

 (1) Only one individual is eligible for maternity payment in respect of a child.

 (2) If 2 or more individuals would otherwise be eligible for maternity payment in respect of the same child, the individual who is eligible is the one determined by the Secretary to be eligible.

 (3) However, if the Secretary is satisfied that it is reasonable that 2 or more of the individuals should be eligible for maternity payment:
 (a) each individual who is determined by the Secretary to be eligible is eligible; and
 (b) the Secretary must determine the percentage that is to be each eligible individual's percentage of maternity payment in respect of the child.

 (4) If the Secretary determines that an individual who is a member of a couple is eligible for maternity payment in respect of a child, the Secretary must not determine that the partner of the individual is eligible for maternity payment in respect of that child.

Subdivision B—Eligibility of individuals for maternity payment where death occurs