Paid Parental Leave Act. Australia

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СКАЧАТЬ work: see section 34.

      reference income year: see section 39.

      reference period: see subsection 47(2).

      relevant PPL income limit: see section 40.

      resides in Australia has the same meaning as in the Social Security Act.

      returns to work: see section 48.

      saved amount: see subsection 97(2).

      secondary claim: see subsection 53(3).

      secondary claimant means a person who has made an effective secondary claim for parental leave pay for a child for which another person has made a primary claim.

      Secretary means the Secretary of the Department.

      Social Security Act means the Social Security Act 1991.

      social security law has the same meaning as in the Social Security Act.

      special category visa has the same meaning as in the Migration Act 1958.

      SSAT means the Social Security Appeals Tribunal.

      SSAT reviewableclaimant decision: see section 215.

      SSAT reviewableemployer decision: see section 223.

      stillborn, in relation to a child, means a child:

      (a) who weighs at least 400 grams at delivery or whose period of gestation was at least 20 weeks; and

      (b) who has not breathed since delivery; and

      (c) whose heart has not beaten since delivery.

      subject to review: an employer determination is subject to review until:

      (a) any applicable time limits for applying for a review (however described) or lodging an appeal (however described) of or in relation to the determination have expired; and

      (b) if there is such a review or appeal of or in relation to the determination — the review or appeal (and any later reviews or appeals) have been finally disposed of.

      tax file number has the same meaning as in section 202A of the Income Tax Assessment Act 1936.

      tax file number statement: see subsection 59(1).

      tertiary claim: see subsection 53(4).

      tertiary claimant means a person who has made an effective tertiary claim for parental leave pay for a child for which another person has made a secondary claim.

      this Act includes the PPL rules and the regulations.

      transfer day: see subsections 84(3), (4) and (5).

      verifiesa child’s birth: see section 18.

      week day means a day that is not a Saturday or a Sunday.

      working day means a day that is not a Saturday, a Sunday or a public holiday.

      work test: see section 32.

      work test period: see section 33.

      Chapter 2—When parental leave pay is payable to a person

      Part 2–1—Key provisions

      Division 1—Guide to this Part

      7 Guide to this Part

      This Part has the key provisions for this Chapter (which deals with when parental leave pay is payable to a person).

      A person can only be paid parental leave pay if the Secretary makes a determination that parental leave pay is payable to the person. Part 2–2 has the rules about when the Secretary can make that determination.

      The Secretary cannot make that determination if the person has not made a claim for parental leave pay. Part 2–4 has the rules about claims. There are 3 types of claims: a primary claim, a secondary claim and (in rare cases) a tertiary claim. These claims relate to each other, although the primary claim is the main one — a secondary or tertiary claim cannot be made without it. The primary claim will often be the only claim that is made.

      If the Secretary makes a determination that parental leave pay is payable to a person for a child, the parental leave pay is payable for the particular period that is specified in the determination. This period is the person’s PPL period. The maximum period for which any person may be paid parental leave pay is 18 weeks. A person’s PPL period may be the full 18 weeks or a lesser period (e.g. where the person is not eligible for parental leave pay for that full period).

      If a secondary or tertiary claim is made, that claim will be for the part of the maximum 18 week period (or lesser period) in which parental leave pay was not payable to the primary claimant. The person’s employer or the Secretary will pay instalments of parental leave pay for that period (see Chapter 3 for the rules about how the person is paid parental leave pay).

      Division 2—When parental leave pay is payable to a person

      8 A determination must be made for parental leave pay to be payable to a person

      Parental leave pay is payable to a person for a child for a period if a determination of the Secretary that parental leave pay is payable to the person for that period is in force under section 13, 14, 15, 16 or 17.

      Note: See Part 2–2 for the rules about when the Secretary can make a determination that parental leave pay is, or is not, payable to a person.

      9 For the determination to be made, the person must be eligible

      The Secretary cannot make a determination that parental leave pay is payable to a person for a child for a period unless the person was or will be eligible for parental leave pay during the period.

      Note: See Part 2–3 for the rules about when a person is eligible for parental leave pay.

      10 For the determination to be made, the person must claim

      The Secretary cannot make a determination that parental leave pay is payable to a person for a child for a period unless the person has made:

      (a) an effective primary claim for the child (in which case the person is the primary claimant); or

      (b) an effective secondary claim for the child (in which case the person is the secondary claimant); or

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