Document ID: chunk:federal_register_of_legislation:C2020A00053:clause:1_17b:p2
Version: federal_register_of_legislation:C2020A00053
Segment Type: clause
Provision Reference: sch 1 cl 17B (pt 2/2)
Character Range: 31777–33179

child was born is in a newly arrived resident's waiting period the primary claimant is subject to under section 31A, a person to whom subsection 31A(7) or (7A) applies on that day; and
 (b) the secondary claimant:
 (i) made the secondary claim in exceptional circumstances; and
 (ii) was or will be eligible for parental leave pay on those claimed days.
 (4) The Secretary must specify in the determination made under subsection (2) or (3) the claimed days for which parental leave pay is payable to the secondary claimant.

When parental leave pay is not payable to secondary claimant for the claimed days
 (5) If the Secretary is not satisfied of the matters in subsection (2) or (3) for one or more of the claimed days, the Secretary must:
 (a) determine that parental leave pay is not payable to the secondary claimant for those days; and
 (b) if:
 (i) the secondary claimant has not previously satisfied the work and income tests in relation to the child; and
 (ii) the Secretary is satisfied that the secondary claimant satisfies the work test and income test on the day the determination is made;
  determine that the secondary claimant is conditionally eligible for parental leave pay for other flexible PPL days for the child.
 (6) The Secretary must specify in the determination made under subsection (5) the claimed days for which parental leave pay is not payable to the secondary claimant.