Document ID: chunk:federal_register_of_legislation:C2020A00053:clause:1_17b:p1
Version: federal_register_of_legislation:C2020A00053
Segment Type: clause
Provision Reference: sch 1 cl 17B (pt 1/2)
Character Range: 29407–32004

17B  Determination on a secondary claim

When a claim is to be determined under this section
 (1) If:
 (a) a secondary claimant has made an effective secondary claim for parental leave pay for a child; and
 (b) one or more flexible PPL days for the child (the claimed days) have been specified in the claim;
the Secretary must make a determination on the secondary claim under this section.

When parental leave pay is payable to a secondary claimant for one or more claimed days
 (2) The Secretary must determine that parental leave pay is payable to the secondary claimant for one or more of the claimed days if, when making the determination, the Secretary is satisfied that:
 (a) the primary claimant for the child has given a permission under section 17D in relation to the child; and
 (b) the permission has not been revoked; and
 (c) if the determination were made, the number of flexible PPL days for the child for which parental leave pay would be payable to a person other than the primary claimant would not exceed the number of flexible PPL days specified in the permission; and
 (d) the primary claimant:
 (i) if the primary claimant has not previously satisfied the work and income tests in relation to the child—satisfies the work test and the income test on the day the determination is made; and
 (ii) satisfies the Australian residency test on the day the child was born; and
 (iii) is, if the day the child was born is in a newly arrived resident's waiting period the primary claimant is subject to under section 31A, a person to whom subsection 31A(7) or (7A) applies on that day; and
 (e) the secondary claimant was or will be eligible for parental leave pay on those claimed days.
Note: The Secretary is prevented from making a determination under this subsection in certain circumstances: see Division 3.
 (3) The Secretary must determine that parental leave pay is payable to the secondary claimant for one or more of the claimed days if, when making the determination, the Secretary is satisfied that:
 (a) the primary claimant for the child:
 (i) if the primary claimant has not previously satisfied the work and income tests in relation to the child—satisfies the work test and the income test on the day the determination is made; and
 (ii) satisfies the Australian residency test on the day the child was born; and
 (iii) is, if the day the child was born is in a newly arrived resident's waiting period the primary claimant is subject to under section 31A, a person to whom subsection 31A(7) or (7A) applies on that day; and
 (b) the secondary claimant:
 (i) made the