Document ID: chunk:federal_register_of_legislation:C2024A00007:clause:1_11
Version: federal_register_of_legislation:C2024A00007
Segment Type: clause
Provision Reference: sch 1 cl 11
Character Range: 3199–5209

11  Subsections 31AA(4) and (5)
Repeal the subsections, substitute:

When person meets prescribed conditions—persons other than special PPL claimants in exceptional circumstances
 (4) 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) 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
 (c) both of the following apply:
 (i) the person satisfies the Australian residency test on the day the child was born;
 (ii) 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—subsection 31A(7) or (7A) applies to the person on the day the child was born; and
 (d) the person does not satisfy the circumstances prescribed by the PPL rules as being exceptional circumstances in which a special PPL claim can be made; and
 (e) on that flexible PPL day, the person satisfies the conditions prescribed by the PPL rules for the purposes of this paragraph.

When person meets prescribed conditions—special PPL claimants in exceptional circumstances
 (5) 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) both of the following apply:
 (i) the person satisfies the Australian residency test on the day the child was born;
 (ii) 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—subsection 31A(7) or (7A) applies to the person on the day the child was born; and
 (c) the person satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a special PPL claim can be made; and
 (d) on that flexible PPL day, the person satisfies the conditions prescribed by the PPL rules for the purposes of this paragraph.