Document ID: chunk:federal_register_of_legislation:C2015C00048:clause:2a_41
Version: federal_register_of_legislation:C2015C00048
Segment Type: clause
Provision Reference: sch 2A cl 41
Character Range: 45559–47141

41  Secretary must determine claim
 (1) If a claim is effective, the Secretary must determine the claim in accordance with this section and sections 42 to 44. If the claim is not effective, it is taken not to have been made.

Information to be taken into account
 (2) The Secretary is to make the determination:
 (a) having regard only to the information in the claim (and any accompanying documents or information required by the Secretary); or
 (b) having regard to the things in paragraph (a) and also to any other information or documents (whether or not provided by the claimant).

Deferral of "normal circumstances" stillborn baby payment determination pending resolution of parental leave pay
 (3) If:
 (a) the claim is one for payment of a stillborn baby payment in normal circumstances; and
 (b) the claimant, or the claimant's partner, has made a claim in accordance with Part 2‑4 of the Paid Parental Leave Act 2010 for parental leave pay for the child to whom the claim for a stillborn baby payment relates;
the Secretary must not determine the claim for a stillborn baby payment until one of the following occurs:
 (c) if the Secretary determines under that Act that parental leave pay for the child is payable:
 (i) the PPL period applying to the individual who made the claim for parental leave pay starts; or
 (ii) the Secretary revokes the determination under section 25 of that Act;
 (d) the Secretary determines under that Act that parental leave pay for the child is not payable;
 (e) the claim for parental leave pay is withdrawn under section 61 of that Act.