Document ID: chunk:federal_register_of_legislation:C2005C00734:clause:1_38
Version: federal_register_of_legislation:C2005C00734
Segment Type: clause
Provision Reference: sch 1 cl 38
Character Range: 43539–44072

38  After subsection 37(1)
Insert:

 (1A) The Secretary must determine that a claim for parenting payment is to be granted if the Secretary is satisfied that:
 (a) the claimant is qualified, or is expected to be qualified, for the payment; and
 (b) the payment would be payable apart from:
 (i) the application of a participation agreement breach non‑payment period; or
 (ii) the application of a participation agreement breach rate reduction period where the rate reduction reduces the claimant's rate of parenting payment to nil.