Document ID: chunk:federal_register_of_legislation:C2023A00004:clause:1_13:p2
Version: federal_register_of_legislation:C2023A00004
Segment Type: clause
Provision Reference: sch 1 cl 13 (pt 2/2)
Character Range: 20232–22135

number of flexible PPL days for the child for which parental leave pay would be payable to the person would not exceed the number of flexible PPL days specified in the permission.
Note: The Secretary is prevented from making a determination under this subsection in certain circumstances: see Division 3.
 (3) The following persons are covered by this subsection:
 (a) a person who:
 (i) is a parent (other than an adoptive parent) of the child; and
 (ii) is not the child's birth mother;
 (b) the partner of the child's birth mother;
 (c) the partner of a person covered by paragraph (a).
 (4) The following persons are covered by this subsection:
 (a) an adoptive parent of the child, if a payability determination under this section that parental leave pay for the child is payable is in force in relation to another adoptive parent of the child;
 (b) the partner of an adoptive parent of the child.
 (5) The Secretary must specify in a determination made under subsection (2) the claimed days for which parental leave pay is payable to the PPL claimant.

When parental leave pay is not payable to the PPL claimant for one or more claimed days
 (6) If the Secretary is not satisfied of the matters 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 PPL claimant for those days; and
 (b) if:
 (i) the PPL claimant has not previously satisfied the work and income tests in relation to the child; and
 (ii) the Secretary is satisfied that the PPL claimant satisfies the work test and income test on the day the determination is made;
determine that the PPL claimant is conditionally eligible for parental leave pay for other flexible PPL days for the child.
 (7) The Secretary must specify in the determination made under subsection (6) the claimed days for which parental leave pay is not payable to the PPL claimant.