Document ID: chunk:federal_register_of_legislation:C2020A00053:clause:1_31aa:p1
Version: federal_register_of_legislation:C2020A00053
Segment Type: clause
Provision Reference: sch 1 cl 31AA (pt 1/2)
Character Range: 41525–43913

31AA  When a person is eligible for parental leave pay on a flexible PPL day for a child
 (1) A person is eligible for parental leave pay on a flexible PPL day for a child if:
 (a) the person is eligible for parental leave pay on the day under subsection (2), (3), (4) or (5); and
 (b) the person is not ineligible for parental leave pay on the day under section 31AB.
 (2) A person is eligible for parental leave pay on a flexible PPL day for a child if:
 (a) the person satisfies the Australian residency test on that day; and
 (b) the person is the primary carer of the child on that day; and
 (c) on that day:
 (i) the person is performing no more than one hour of paid work; or
 (ii) the person is performing more than one hour of paid work but the person is performing that work for a permissible purpose; and
 (d) if the person has not previously satisfied the work and income tests in relation to the child—the person satisfies the work test and the income test on that day; and
 (e) if the person is the primary claimant—the person:
 (i) satisfies the Australian residency test on the day the child was born; and
 (ii) is, if the day the child was born is in a newly arrived resident's waiting period that the person is subject to under section 31A, a person to whom subsection 31A(7) or (7A) applies on the day the child was born.
 (3) A person is eligible for parental leave pay on a flexible PPL day for a child if:
 (a) the child is stillborn or has died before that day; and
 (b) on that day, the person would be eligible under subsection (2) for parental leave pay on that day, if paragraphs (2)(b) and (c) were disregarded; and
 (c) the person would have been the child's primary carer on that day had the child not been stillborn or died.
 (4) A person is eligible for parental leave pay on a flexible PPL day for a child if:
 (a) the person is the primary claimant; and
 (b) the person satisfies the Australian residency test on both of the following days:
 (i) the day the child was born;
 (ii) that flexible PPL day; and
 (c) if the person has not previously satisfied the work and income tests in relation to the child—the person satisfies the work test and the income test on that flexible PPL day; and
 (d) the person is, if the day the child was born is in a newly arrived resident's waiting period that the person is subject to under section 31A, a person to whom