Document ID: chunk:federal_register_of_legislation:C2020A00053:clause:1_17c
Version: federal_register_of_legislation:C2020A00053
Segment Type: clause
Provision Reference: sch 1 cl 17C
Character Range: 33181–34867

17C  Determination on a tertiary claim

When a claim is to be determined under this section
 (1) If:
 (a) a tertiary claimant has made an effective tertiary 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 tertiary claim under this section.

When parental leave pay is payable to tertiary claimant for the claimed days
 (2) The Secretary must determine that parental leave pay is payable to the tertiary claimant for one or more of the claimed days if, when making the determination, the Secretary is satisfied that:
 (a) a payability determination under subsection 14(5), 15(3), 16(3) or 17B(2) or (3) that parental leave pay for the child is payable to a secondary claimant is in force; and
 (b) the tertiary claimant was or will be eligible for parental leave pay on those days.
Note: The Secretary is prevented from making a determination under this subsection in certain circumstances: see Division 3.
 (3) The Secretary must specify in the determination made under subsection (2) the claimed days for which parental leave pay is payable to the tertiary claimant.

When parental leave pay is not payable to the tertiary claimant for the claimed days
 (4) If the Secretary is not satisfied of the matters in subsection (2) for one or more of the claimed days, the Secretary must determine that parental leave pay is not payable to the tertiary claimant for those days.
 (5) The Secretary must specify in the determination made under subsection (4) the claimed days for which parental leave pay is not payable to the tertiary claimant.