Document ID: chunk:federal_register_of_legislation:C2012A00109:clause:1_48
Version: federal_register_of_legislation:C2012A00109
Segment Type: clause
Provision Reference: sch 1 cl 48
Character Range: 13039–13999

48  After subsection 31(4)
Insert:

Not eligible—overlap with DAPP period
 (4A) 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 parental leave pay for the child on a day that is in the DAPP period.

Not eligible—excess days
 (4B) Despite subsections (2), (3) and (4), if:
 (a) 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; and
 (b) combined, the total days in the DAPP period and the reference period for the person's claim for parental leave pay for the child exceed 126;
then:
 (c) the Secretary must exclude from the reference period the excess number of days; and
 (d) the person is not eligible for parental leave pay for the child on a day excluded by the Secretary.

Not eligible—claimant deceased