41Secretary must determine claim

#### 41 Secretary must determine claim (1) If a claim is effective, the Secretary must determine the claim in accordance with this section and sections 42 to 44. If the claim is not effective, it is taken not to have been made. Information to be taken into account (2) The Secretary is to make the determination: (a) having regard only to the information in the claim (and any accompanying documents or information required by the Secretary); or (b) having regard to the things in paragraph (a) and also to any other information or documents (whether or not provided by the claimant). Deferral of “normal circumstances” stillborn baby payment determination pending resolution of parental leave pay (3) If: (a) the claim is one for payment of a stillborn baby payment in normal circumstances; and (b) the claimant, or the claimant’s partner, has made a claim in accordance with Part 2‑4 of the Paid Parental Leave Act 2010 for parental leave pay for the child to whom the claim for a stillborn baby payment relates; the Secretary must not determine the claim for a stillborn baby payment until one of the following occurs: (c) if the Secretary determines under that Act that parental leave pay for the child is payable to the person who made the claim for parental leave pay: (ii) the instalment period (within the meaning of that Act) for the instalment of parental leave pay that relates to the first of those days has ended; or (iii) the Secretary revokes the determination under section 25 of that Act; (d) the claimant, or the claimant’s partner, is given a notice under section 24 of that Act in relation to the claim for parental leave pay that states that parental leave pay is not payable and no determination of the kind mentioned in paragraph 13(6)(b) or 14(4)(b) of that Act has been made; (e) the claim for parental leave pay is withdrawn under section 61 of that Act.