115EIDeductions to avoid overpayment of income support payment

#### 115EI Deductions to avoid overpayment of income support payment If: (a) a payability determination that dad and partner pay is payable to a person is made; and (b) an amount of dad and partner pay relating to the person’s DAPP period becomes payable to the person by the Secretary on a particular day; and (c) before that day, the person was paid an amount of income support payment under the social security law or Veterans’ Entitlements Act 1986 for a period (the income support period) that falls within, or overlaps with, the person’s DAPP period; and (d) the Secretary is satisfied that the amount of income support payment so paid exceeds the amount of income support payment that would have been payable to the person for the income support period under that law or Act had the amount of dad and partner pay been taken into account when working out the amount of income support payment payable to the person for that period under that law or Act; then the Secretary may deduct from the amount of dad and partner pay an amount equal to the excess. > Note: A person’s income is taken into account when working out the amount of income support payment that is payable to the person under the social security law or the Veterans’ Entitlements Act 1986. An amount of dad and partner pay is income so payment of such an amount may reduce the amount of income support payment that is payable to the person. 13 Section 115EJ After “section 115EH”, insert “or 115EI”. 14 Application provisions Deductions from instalments of parental leave pay (1) Paragraph 69A(a) of the Paid Parental Leave Act 2010, as inserted by this Part, applies in relation to a payability determination that is made on or after the commencement of this item. (2) Paragraph 69A(b) of the Paid Parental Leave Act 2010, as inserted by this Part, applies in relation to an instalment of parental leave pay that is payable on or after the commencement of this item in respect of a claim for a child: (a) who is born on or after that commencement; or (b) who becomes entrusted to the care of a person (as mentioned in subsection 275(2) of the Paid Parental Leave Act 2010) on or after that commencement; whether the claim was made before, on or after that commencement. Employer determinations (3) The amendment of section 101 of the Paid Parental Leave Act 2010 made by this Part applies in relation to claims made on or after the commencement of this item. (4) The amendment of section 108 of the Paid Parental Leave Act 2010 made by this Part applies in relation to an employer determination made before, on or after the commencement of this item, where the claim was for a child: (a) who was born on or after that commencement; or (b) who became entrusted to the care of a person (as mentioned in subsection 275(2) of the Paid Parental Leave Act 2010) on or after that commencement; whether the claim was made before, on or after that commencement. Deductions from dad and partner pay (5) Paragraph 115EI(a) of the Paid Parental Leave Act 2010, as inserted by this Part, applies in relation to a payability determination that is made on or after the commencement of this item. (6) Paragraph 115EI(b) of the Paid Parental Leave Act 2010, as inserted by this Part, applies in relation to an amount of dad and partner pay that is to be paid on or after the commencement of this item in respect of a claim for a child: (a) who is born on or after that commencement; or (b) who becomes entrusted to the care of a person (as mentioned in subsection 275(2) of the Paid Parental Leave Act 2010) on or after that commencement; whether the claim was made before, on or after that commencement. Schedule 15—Fringe benefits A New Tax System (Family Assistance) Act 1999 1 Clause 4 of Schedule 3 Repeal the clause, substitute: