Document ID: chunk:federal_register_of_legislation:C2023A00004:clause:1_66
Version: federal_register_of_legislation:C2023A00004
Segment Type: clause
Provision Reference: sch 1 cl 66
Character Range: 33752–35877

66  Subsections 31AB(2) to (5)
Repeal the subsections, substitute:

When flexible PPL days exceed maximum amounts—general rule
 (2) The relevant claimant is not eligible for parental leave pay on a flexible PPL day for the child if:
 (a) the relevant claimant is not a person who satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a PPL claim can be made; and
 (b) on that day, either subsection (3) or (4) applies to the relevant claimant.
 (3) This subsection applies to the relevant claimant if:
 (a) the following conditions are satisfied:
 (i) the relevant claimant has a partner at the time the relevant claimant makes their first effective claim in relation to the child;
 (ii) one or more determinations under section 13 or 14 that parental leave pay is payable to the relevant claimant are in force in relation to 90 flexible PPL days for the child;
 (iii) the relevant claimant does not satisfy the circumstances prescribed by the PPL rules for the purposes of this subparagraph; or
 (b) the relevant claimant satisfies the circumstances prescribed by the PPL rules for the purposes of this paragraph.
 (4) This subsection applies to the relevant claimant if one or more determinations under section 13 or 14 that parental leave pay is payable to a person (other than a person who satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a PPL claim can be made) are in force in relation to 100 flexible PPL days for the child.

When flexible PPL days exceed maximum amounts—exceptional circumstances rule
 (5) The relevant claimant is not eligible for parental leave pay on a flexible PPL day for the child if:
 (a) the relevant claimant is a person who satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a PPL claim can be made; and
 (b) on that day, one or more determinations under section 13 or 14 that parental leave pay is payable to the relevant claimant and the relevant claimant's partner (if any) are in force in relation to 100 flexible PPL days for the child.