Document ID: chunk:federal_register_of_legislation:C2012A00109:clause:1_115ca:p1
Version: federal_register_of_legislation:C2012A00109
Segment Type: clause
Provision Reference: sch 1 cl 115CA (pt 1/2)
Character Range: 27639–30214

115CA  Guide to this Part

      This Part sets out when a person is eligible for dad and partner pay. The Secretary cannot make a payability determination that dad and partner pay is payable if the person is not eligible for it.
      Division 2 sets out when a person is eligible for dad and partner pay. Subsection 115CB(2) deals with the main case and requires that for a person to be eligible for dad and partner pay for a child, the person must (broadly):
         (a) satisfy the work test, the income test and the Australian residency test; and
         (b) be caring for the child; and
         (c) not be working.
      There are other eligibility criteria that apply for more unusual cases—see subsection 115CB(3) (which deals with when a child is stillborn or dies) and subsection 115CB(4) (which allows the PPL rules to prescribe eligibility criteria).
      The work test is mostly in Division 3 of Part 2‑3, but Division 3 of this Part has provisions relevant to DAPP claimants. To satisfy the work test, a person must have performed enough paid work or taken enough paid leave in a particular period before the person's nominated start date for dad and partner pay. Special rules apply in the case of premature birth or complications or illness related to the pregnancy (see section 115CE) or if the person is already eligible for parental leave pay (see section 115CF).
      The income test is mostly in Division 4 of Part 2‑3, but Division 4 of this Part has provisions relevant to DAPP claimants. To satisfy the income test, the person's income for a particular income year must not be more than the PPL income limit (which is $150,000 until 30 June 2014 and then indexed). A special rule applies if the person is already eligible for parental leave pay (see subsection 115CG(2)).
      The Australian residency test is in Division 5 of Part 2‑3. To satisfy this test, the person must be an Australian resident or be in a special class of visa holder.
      Division 6 of this Part sets out when a person is caring for a child. For the main case, a person will not be eligible for dad and partner pay if the person is not caring for the child.
      Division 7 of this Part sets out when a person is not working. For the main case, a person will not be eligible for dad and partner pay if the person performs one hour or more of work other than for a purpose of performing the work for a business that the person carries on and that consists of overseeing the business or is an occasional administrative task.

Division 2—When a DAPP claimant is eligible