Document ID: chunk:federal_register_of_legislation:C2024A00007:clause:1_31ab:p1
Version: federal_register_of_legislation:C2024A00007
Segment Type: clause
Provision Reference: sch 1 cl 31AB (pt 1/2)
Character Range: 5259–7986

31AB  When a person is not eligible for parental leave pay on a flexible PPL day for a child

When a person is not eligible
 (1) A person (the relevant claimant) is not eligible for parental leave pay on a day that is a flexible PPL day for a child if subsection (2), (3), (4), (5), (6), (7) or (8) applies to the relevant claimant on that day.

Flexible PPL days exceed maximum amounts—total limit in relation to child
 (2) This subsection applies to the relevant claimant on a flexible PPL day if:
 (a) one or more determinations under section 13 or 14 that parental leave pay is payable to a person are in force in relation to the number of flexible PPL days for the child specified in subsection 31ABA(1); and
 (b) neither the relevant claimant nor the relevant claimant's partner (if any) satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a PPL claim can be made.

When flexible PPL days exceed maximum amounts—claimant limit when partnered (reserved period)
 (3) This subsection applies to the relevant claimant on a flexible PPL day if:
 (a) the relevant claimant has a partner at the time the relevant claimant makes their first effective claim in relation to the child; and
 (b) one or more determinations under section 13 that parental leave pay is payable to the relevant claimant are in force in relation to the number of flexible PPL days for the child specified in subsection 31ABA(2); and
 (c) neither the relevant claimant nor the relevant claimant's partner (if any) satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a PPL claim can be made; and
 (d) the relevant claimant does not satisfy the conditions prescribed by the PPL rules for the purposes of this paragraph.

When flexible PPL days exceed maximum amounts—exceptional circumstances persons (other than persons that meet prescribed conditions)
 (4) This subsection applies to the relevant claimant on a flexible PPL day if:
 (a) one or more determinations under section 13 or 14 that parental leave pay is payable to the relevant claimant or the relevant claimant's partner (if any) are in force in relation to the number of flexible PPL days for the child specified in subsection 31ABA(1); and
 (b) the relevant claimant or the relevant claimant's partner (if any) satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a PPL claim can be made; and
 (c) the relevant claimant does not satisfy the conditions prescribed by the PPL rules for the purposes of paragraph (5)(c).

When flexible PPL days exceed maximum amounts—exceptional circumstances persons that meet prescribed conditions (total limit)
 (5)