Document ID: chunk:federal_register_of_legislation:C2019A00084:clause:1_2
Version: federal_register_of_legislation:C2019A00084
Segment Type: clause
Provision Reference: sch 1 cl 2
Character Range: 2090–4012

2  Subsections 33(1) and (2)
Repeal the subsections, substitute:

Primary claimant's work test period
 (1) The work test period for the primary claimant is the 392 days immediately before:
 (a) if:
 (i) subsection (2A) applies in relation to the primary claimant; and
 (ii) the primary claimant would not satisfy the work test if the claimant's work test period were the work test period under paragraph (b) or (c) of this subsection;
  the claimant's work cessation day; or
 (b) if:
 (i) the child of the primary claimant is born after the expected date of birth of the child; and
 (ii) the primary claimant would not satisfy the work test if the claimant's work test period were the work test period under paragraph (c) of this subsection;
  the expected date of birth of the child; or
 (c) otherwise—the day the child is born.
 (2) However, for the purposes of making an initial eligibility determination on a primary claim, the work test period for the primary claimant is the 392 days immediately before:
 (a) if:
 (i) subsection (2A) applies in relation to the primary claimant; and
 (ii) the primary claimant would not satisfy the work test if the claimant's work test period were the work test period under paragraph (b) of this subsection;
  the claimant's work cessation day; or
 (b) otherwise—the expected date of birth of the child.
 (2A) This subsection applies in relation to a primary claimant if:
 (a) the primary claimant is pregnant with the child or is the birth mother of the child; and
 (b) the primary claimant is performing or performed paid work of a particular kind before the birth of the child; and
 (c) the primary claimant will cease or ceased performing that kind of work on a particular day (the claimant's work cessation day) because of hazards connected with that kind of work that pose or posed a risk to the pregnancy; and
 (d) any conditions prescribed by the PPL rules are satisfied.