Paid Parental Leave Act. Australia

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СКАЧАТЬ Secretary must not make a payability determination that parental leave pay is payable to a person for a child if the child was born before 1 January 2011.

      20 Multiple births

      The Secretary must not make a payability determination that parental leave pay is payable to a person for a child if:

      (a) the child and another child are born during the same multiple birth; and

      (b) parental leave pay is or was payable to the person or another person for the other child.

      21 The person etc. has already been paid parental leave pay

      (1) The Secretary must not make a payability determination that parental leave pay is payable to a person for a child if:

      (a) the person has been paid parental leave pay for the child under a different claim; or

      (b) if the person is the primary claimant:

      (i) the person’s partner has been paid parental leave pay for the child; or

      (ii) a former partner of the person was paid parental leave pay for the child when he or she was the person’s partner; or

      (c) if the person is the secondary claimant:

      (i) the person’s partner has been paid parental leave pay for the child (other than as the primary claimant to which the person’s secondary claim relates); or

      (ii) a former partner of the person was paid parental leave pay for the child when he or she was the person’s partner (other than as the primary claimant to which the person’s secondary claim relates).

      (2) Subsection (1) does not apply to a claim that is made in exceptional circumstances.

      Division 4—General provisions applying to determinations about whether parental leave pay is payable

      22 Assumptions when making the determination

      In deciding whether to make a payability determination, the Secretary may act on the assumption that the state of affairs known to the Secretary when making the determination will remain unchanged.

      23 When the determination is in force

      A payability determination comes into force on the day it is made and continues in force unless it is:

      (a) revoked under section 25 (which deals with revoking a payability determination on the claimant’s request); or

      (b) set aside under Chapter 5 (which deals with review of decisions).

      24 Notice of the determination

      If the Secretary makes a payability determination, the Secretary must give a notice of the determination to the claimant, stating:

      (a) whether parental leave pay is payable; and

      (b) if parental leave pay is payable — the claimant’s PPL period; and

      (c) that the claimant may apply for review of the determination in the manner set out in Chapter 5.

      25 Revoking the determination on request

      (1) If:

      (a) a payability determination is made that parental leave pay is payable to a person; and

      (b) the person requests the Secretary to revoke the determination; and

      (c) the request is made:

      (i) before the start of the person’s PPL period; and

      (ii) in a manner approved by the Secretary;

      then the Secretary must revoke the determination.

      (2) The revocation is taken to have come into force on the day the person requested the Secretary to revoke the determination.

      Division 5—Initial eligibility determinations

      26 Initial eligibility determinations

      Primary claimants

      (1) If a person makes an effective primary claim, the Secretary may make a determination (the initial eligibility determination) that the person is initially eligible for parental leave pay for the child if, when making the determination, the Secretary is satisfied that the person satisfies:

      (a) the work test; and

      (b) the income test; and

      (c) the Australian residency test.

      Secondary claimants

      (2) If a person makes an effective secondary claim, the Secretary may make a determination (the initial eligibility determination) that the person is initially eligible for parental leave pay for the child if, when making the determination, the Secretary is satisfied that the person:

      (a) satisfies:

      (i) the work test; and

      (ii) the income test; and

      (iii) the Australian residency test; or

      (b) will satisfy those tests on the day the person becomes the child’s primary carer.

      27 Assumptions when making the initial eligibility determination

      In deciding whether to make an initial eligibility determination, the Secretary may act on the assumption that the state of affairs known to the Secretary when making the determination will remain unchanged.

      28 When the initial eligibility determination comes into force

      An initial eligibility determination comes into force on the day it is made.

      29 Notice of the initial eligibility determination

      If the Secretary makes an initial eligibility determination, the Secretary must give a notice of the determination to the claimant.

      Part 2–3—Eligibility for parental leave pay

      Division 1—Guide to this Part

      30 Guide to this Part

      This Part sets out when a person is eligible for parental leave pay. The Secretary cannot make a payability determination that parental leave pay is payable if the person is not eligible for it.

      Division 2 sets out when a person is eligible for parental leave pay. Subsection 31(2) deals with the main case and requires that for a person to be eligible for parental leave pay for a child, the person must (broadly):

      (a) satisfy the work test, the income test and the Australian residency test; and

      (b) СКАЧАТЬ