Div 2has the Dictionary (see section 6). The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.

Division 2 has the Dictionary (see section 6). The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition. > ABN (short for Australian Business Number) has the same meaning as in the A New Tax System (Australian Business Number) Act 1999. > ADI (short for authorised deposit‑taking institution) means a body corporate that is an ADI for the purposes of the Banking Act 1959. > Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island. > authorised party, in relation to the adoption of a child, means a person or agency that, under the law of the State, Territory or foreign country whose courts have jurisdiction in relation to the adoption, is authorised to conduct negotiations or arrangements for the adoption of children. > authorised review officer means an officer authorised under section 271 to be an authorised review officer for the purposes of this Act. > born prematurely: a child is born prematurely if, at the time of the child’s delivery, the child’s period of gestation is less than 37 weeks. > business includes any profession, trade, employment, vocation or calling, but does not include occupation as an employee. (a) a non‑corporate Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013; > COVID‑19 affected claimant: a person is a COVID‑19 affected claimant in relation to a claim for parental leave pay for a child if: (ii) the person’s working hours were reduced (including to zero) as a result of the adverse effects of the coronavirus known as COVID‑19; (iii) a business that the person, or an entity that is controlled by the person, carries on for profit and for which the person performs work was suspended, or suffered a reduction in turnover, as a result of the adverse effects of the coronavirus known as COVID‑19; and (d) as a result of that circumstance applying in relation to the person, the person would not satisfy the work test if the person’s work test period were the period under section 33. > credit to an RSA that is a policy (within the meaning of the Life Insurance Act 1995) means pay as a premium in relation to the policy. > departure prohibition order means an order under Subdivision A of Division 7A of Part 4‑3 (including such an order varied under Subdivision C of that Division). > has not previously satisfied the work and income tests: a person has not previously satisfied the work and income tests in relation to a child if both of the following apply: (i) the person is a Chapter 5 body corporate (within the meaning of the Corporations Act 2001) or an entity with a similar status under a law of a foreign country; or (ii) a provisional liquidator has been appointed in relation to the person under section 472 of the Corporations Act 2001; or (iii) a person with a similar status to a provisional liquidator has been appointed in relation to the person under a law of a foreign country. (b) a person appointed to a position for the purposes of being trained as a member of a police force or police service of the Commonwealth, a State or a Territory; or (c) a person who has the powers and duties of a member of a police force or police service of the Commonwealth, a State or a Territory; and, without limiting paragraphs (a), (b) and (c), includes a police reservist, a police recruit, a police cadet, a junior constable, a police medical officer, a special constable, an ancillary constable or a protective services officer. (b) when used in relation to a child born because of the carrying out of an artificial conception procedure—means a person who is a parent of the child under section 60H of the Family Law Act 1975; and (c) when used in relation to a child born because of a surrogacy arrangement—includes a person who is a parent of the child under section 60HB of the Family Law Act 1975. > payability determination means a determination made under section 13 or 14 that parental leave pay is, or is not, payable to a person for a child. (a) for a PPL superannuation contribution—the date worked out in accordance with the PPL rules made for the purposes of section 115H; or (b) for an underpaid amount of a PPL superannuation contribution—the date worked out in accordance with the PPL rules made for the purposes of section 115M. > payroll cut‑off for an instalment that is payable to a person means the last day on which the person’s employer can reasonably make changes to the instalment to be paid to, or in relation to, the person on the person’s payday for the instalment. > PPL superannuation contribution (short for Paid Parental Leave superannuation contribution) means a PPL superannuation contribution payable under section 115B. (ab) information about a person that is or was held in the records of the Human Services Department within the meaning of this Act as in force at any time; or (a) information about a person that was held in the records of the Commonwealth Services Delivery Agency (within the meaning of the Commonwealth Services Delivery Agency Act 1997 as in force before 1 July 2011); or (b) information about a person obtained by an officer under this Act that was held in the records of Medicare Australia (within the meaning of the Medicare Australia Act 1973 as in force before 1 July 2011); or > special PPL claimant means a person who has made an effective special PPL claim for parental leave pay for a child for which another person has made a PPL claim. (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. > Superannuation Holding Accounts Special Account means the Superannuation Holding Accounts Special Account continued in existence by section 8 of the Small Superannuation Accounts Act 1995. > taxation officer means a person who is a taxation officer within the meaning of subsection 355‑30(2) in Schedule 1 to the Taxation Administration Act 1953. > veteran payment means a veteran payment made under an instrument made under section 45SB of the Veterans’ Entitlements Act 1986. 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 2 types of claims: PPL claims and special PPL claims. These claims relate to each other, although PPL claims are the main type of claim. PPL claims will often be the only claims that are made. If the Secretary makes a determination that parental leave pay is payable to a person for one or more flexible PPL days for a child of the person, parental leave pay is payable for the particular days specified in the determination. The number of flexible PPL days for the child for which parental leave pay can be paid is limited. The Secretary may only make a determination that parental leave pay is payable to certain PPL claimants and special PPL claimants for one or more flexible PPL days if permission has been given to claim those days. The person’s employer or the Secretary will pay instalments of parental leave pay that are payable to a person (see Chapter 3 for the rules about the payment of parental leave pay). #### 11A A determination must be made for parental leave pay for a flexible PPL day for a child to be payable to a person Parental leave pay is payable to a person for a flexible PPL day for a child if a determination of the Secretary that parental leave pay is payable to the person for that day is in force under section 13 or 14. The Secretary cannot make a determination under section 13 or 14 that parental leave pay is payable to a person for a flexible PPL day for a child unless the person was or will be eligible for parental leave pay on that day. > Note: See Part 2‑3 for the rules about when a person is eligible for parental leave pay on a flexible PPL day for a child. The Secretary cannot make a determination under section 13 or 14 that parental leave pay is payable to a person for a flexible PPL day for a child unless the person has made: (b) an effective special PPL claim for parental leave pay for that day (in which case the person is a special PPL claimant). This Part is about the Secretary making determinations about whether parental leave pay is payable to a person. These determinations are payability determinations. A person cannot be paid parental leave pay unless there is a payability determination that parental leave pay is payable to the person. Division 2 has the rules that apply to the Secretary when making a payability determination in relation to whether parental leave pay is payable to a person for a flexible PPL day for a child. Different rules apply depending on whether the claim is a PPL claim or a special PPL claim. The Secretary may only make a determination that parental leave pay is payable to certain PPL claimants and special PPL claimants for one or more flexible PPL days if permission has been given to claim those days. Division 3 has restrictions that apply in particular circumstances to prevent the Secretary from making a payability determination that parental leave pay is payable to a person (for example, where the child’s birth has not been verified or where the limit on the number of flexible PPL days for which parental leave pay is payable to more than one person has been exceeded). Division 4 has general rules that apply to payability determinations (for example, if the Secretary makes a determination, the Secretary must give a notice of it to the claimant). Division 5 deals with initial eligibility determinations. These determinations can be made by the Secretary before the Secretary makes a payability determination. The Secretary can make an initial eligibility determination if the Secretary is satisfied that the person satisfies, or will satisfy, particular eligibility criteria. If the Secretary makes a determination, the Secretary must give a notice of it to the claimant. (2) The Secretary must determine that parental leave pay is payable to the PPL claimant for one or more of the claimed days if, when making the determination, the Secretary is satisfied that: the person who gave the PPL claimant the permission referred to in subparagraph (e)(i) satisfies the work test on the day the determination is made; and (d) if the PPL claimant is a person covered by subsection (3) and the circumstances prescribed by the rules for the purposes of this paragraph do not apply to the PPL claimant: (iii) if the determination were made, the number of flexible PPL days for the child for which parental leave pay would be payable to the person would not exceed the number of flexible PPL days specified in the permission; and (e) if the PPL claimant is a person covered by subsection (4) and the circumstances prescribed by the rules for the purposes of this paragraph do not apply to the PPL claimant: (iii) if the determination were made, the number of flexible PPL days for the child for which parental leave pay would be payable to the person would not exceed the number of flexible PPL days specified in the permission. > Note: The Secretary is prevented from making a determination under this subsection in certain circumstances: see Division 3. (a) an adoptive parent of the child, if a payability determination under this section that parental leave pay for the child is payable is in force in relation to another adoptive parent of the child; (5) The Secretary must specify in a determination made under subsection (2) the claimed days for which parental leave pay is payable to the PPL claimant. (6) If the Secretary is not satisfied of the matters in subsection (2) for one or more of the claimed days, the Secretary must: (ii) the Secretary is satisfied that the PPL claimant satisfies the work test and income test on the day the determination is made; determine that the PPL claimant is conditionally eligible for parental leave pay for other flexible PPL days for the child. (7) The Secretary must specify in the determination made under subsection (6) the claimed days for which parental leave pay is not payable to the PPL claimant. (2) The Secretary must determine that parental leave pay is payable to the special PPL claimant for one or more of the claimed days if, when making the determination, the Secretary is satisfied that: (a) a payability determination under section 13 that parental leave pay for the child is payable to a PPL claimant is in force; and (c) if the special PPL claimant is the partner of a person who satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a PPL claim can be made—a permission has been given to the special PPL claimant under subsection 15(2) in relation to the child; and (e) if the determination were made, the number of flexible PPL days for the child for which parental leave pay would be payable to the person would not exceed the number of flexible PPL days specified in the permission. > Note: The Secretary is prevented from making a determination under this subsection in certain circumstances: see Division 3. (3) The Secretary must specify in the determination made under subsection (2) the claimed days for which parental leave pay is payable to the special PPL claimant. (4) If the Secretary is not satisfied of the matters in subsection (2) for one or more of the claimed days, the Secretary must: (i) the special PPL claimant is the partner of a person who satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a PPL claim can be made; and (iii) the Secretary is satisfied that the special PPL claimant satisfies the work test and income test on the day the determination is made; determine that the special PPL claimant is conditionally eligible for parental leave pay for other flexible PPL days for the child. (5) The Secretary must specify in the determination made under subsection (4) the claimed days for which parental leave pay is not payable to the special PPL claimant. (1) Permission for PPL claimants to claim parental leave pay for one or more flexible PPL days for a child may be given by the following persons: (ii) in respect of whom a payability determination under section 13 that parental leave pay for the child is payable is in force; and (iii) who is the first adoptive parent of the child in respect of whom a payability determination under section 13 that parental leave pay for the child is payable has been made; (c) an adoptive parent of the child who is nominated by the partner of an adoptive parent of the child to give permission to that partner. (2) Permission for special PPL claimants to claim parental leave pay for flexible PPL days for a child may be given by a person: (a) who satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a PPL claim can be made; and (b) in respect of whom a payability determination under section 13 that parental leave pay for the child is payable is in force. > Note 1: The maximum number of flexible PPL days for a child that is payable is worked out under sections 31AB and 31ABA. > Note 2: The permission does not preclude the person giving the permission from claiming parental leave pay for some or all of the specified number of flexible PPL days for the child. (a) a payability determination that parental leave pay is payable to a person for one or more flexible PPL days for a child is in force in relation to a claim; and (d) the variation of the permission does not affect the operation of the payability determination in relation to the days specified in the payability determination that, at the time the permission is varied, have already occurred; and (e) the Secretary must vary the payability determination to remove the days specified in the payability determination that, at the time the permission is varied: (f) the Secretary must determine that parental leave pay is not payable to the person for the days referred to in paragraph (e). > Note: Subsections 13(5) and (7) (for PPL claims) and 14(3) and (5) (for special PPL claims) provide that determinations must specify the claimed days for which parental leave pay is payable and not payable to a claimant. (d) the revocation of the permission does not affect the operation of the payability determination in relation to the days specified in the payability determination that, at the time the permission is revoked, have already occurred; and (e) the Secretary must vary the payability determination to remove the days specified in the payability determination that, at the time the permission is revoked, have not yet occurred; and (f) the Secretary must determine that parental leave pay is not payable to the person for the days referred to in paragraph (e). > Note: Subsections 13(5) and (7) (for PPL claims) and 14(3) and (5) (for special PPL claims) provide that determinations must specify the claimed days for which parental leave pay is payable and not payable to a claimant. (1) The Secretary must not make a payability determination that parental leave pay is payable to a person for a child unless a PPL claimant has verified the child’s birth. (c) the person is, under a law of a State or a Territory, responsible (whether alone or jointly) for registering the birth of the child under the law; If a person is a COVID‑19 affected claimant in relation to a claim for parental leave pay for a child of the person, the Secretary must not make a payability determination that parental leave pay is payable to the person for the child if the child is born after 31 March 2021. (1) The Secretary must not make a payability determination that parental leave pay is payable to a person for a flexible PPL day (the relevant day) for a child if: (a) the effect of one or more payability determinations made by the Secretary under section 13 or 14 is that parental leave pay is payable to more than one person for the same flexible PPL day for the child on a total of: (b) the effect of a payability determination made by the Secretary under section 13 or 14 is that parental leave pay is payable to another person for the relevant day. (2) However, the PPL rules may prescribe circumstances in which a flexible PPL day does not count towards the total number of flexible PPL days referred to in paragraph (1)(a). In deciding whether to make a payability determination about parental leave pay, the Secretary may act on the assumption that the state of affairs known to the Secretary when making the determination will remain unchanged. A payability determination about parental leave pay comes into force on the day it is made and continues in force unless it is: If the Secretary makes a payability determination about parental leave pay for a child, the Secretary must give the claimant a notice stating: (a) a payability determination is made that parental leave pay is payable to a person for a flexible PPL day for a child; and (c) the request is made before the last day of the instalment period for the instalment that relates to the flexible PPL day for the child; and (2) The revocation is taken to have come into force on the day the person requested the Secretary to revoke the determination. The Secretary may make a determination (the initial eligibility determination) that a person is initially eligible for parental leave pay for one or more flexible PPL days for a child if: (a) the flexible PPL days for the child are specified in an effective PPL claim or effective special PPL claim made by the person; and (b) if no other initial eligibility determination under this section is in force in relation to the person and child—the Secretary is satisfied that the person satisfies the work test and income test when making the determination; and In deciding whether to make an initial eligibility determination about parental leave pay, the Secretary may act on the assumption that the state of affairs known to the Secretary when making the determination will remain unchanged. If the Secretary makes an initial eligibility determination about parental leave pay, the Secretary must give a notice of the determination to the claimant. 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. Section 31AA sets out when a person is eligible for parental leave pay on a flexible PPL day for a child. Sections 31AB and 31ABA set out the maximum number of flexible PPL days for a child for which parental leave pay can be paid. This includes, subject to certain exceptions, the flexible PPL days that are reserved for other claimants where a claimant has a partner at the time of their first effective claim. Division 3 has the work test. To satisfy the work test, a person must have performed enough paid work or taken enough paid leave in a particular period. A flexible PPL day for a previous child for which parental leave pay was payable to the person may be taken into account in working out whether the person satisfies the work test for a subsequent child. Any jobkeeper payment period or COVID‑19 Australian Government payment period for the person may also be taken into account. Special rules apply in the case of premature birth or complications or illness related to the pregnancy (see section 36A) or in special circumstances (see section 36AA). Division 4 has the income test. To satisfy the income test, the person’s income for a particular income year must not be more than either the individual PPL income limit (which is $150,000 until 30 June 2021 and then indexed) or the family PPL income limit (which is $350,000 until 30 June 2024 and then indexed). If the person has a partner, their partner’s income is also counted towards the family PPL income limit. Division 5 has the Australian residency test. To satisfy this test, the person must be an Australian resident or be in a special class of visa holder. (d) if the person has not previously satisfied the work and income tests in relation to the child—the person satisfies the work test and the income test on that day; and (ii) if the day the child was born is in a newly arrived resident’s waiting period that the person is subject to under section 31A—subsection 31A(7) or (7A) applies to the person on the day the child was born. (b) on that day, the person would be eligible under subsection (2) for parental leave pay on that day, if paragraphs (2)(b) and (c) were disregarded; and (b) if the person has not previously satisfied the work and income tests in relation to the child—the person satisfies the work test and the income test on that day; and (ii) if the day the child was born is in a newly arrived resident’s waiting period that the person is subject to under section 31A—subsection 31A(7) or (7A) applies to the person on the day the child was born; and (d) the person does not satisfy the circumstances prescribed by the PPL rules as being exceptional circumstances in which a special PPL claim can be made; and (e) on that flexible PPL day, the person satisfies the conditions prescribed by the PPL rules for the purposes of this paragraph. (ii) if the day the child was born is in a newly arrived resident’s waiting period that the person is subject to under section 31A—subsection 31A(7) or (7A) applies to the person on the day the child was born; and (c) the person satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a special PPL claim can be made; and (d) on that flexible PPL day, the person satisfies the conditions prescribed by the PPL rules for the purposes of this paragraph. (1) A person (the relevant claimant) is not eligible for parental leave pay on a day that is a flexible PPL day for a child if subsection (2), (3), (4), (5), (6), (7) or (8) applies to the relevant claimant on that day. (a) one or more determinations under section 13 or 14 that parental leave pay is payable to a person are in force in relation to the number of flexible PPL days for the child specified in subsection 31ABA(1); and (b) neither the relevant claimant nor the relevant claimant’s partner (if any) satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a PPL claim can be made. (a) the relevant claimant has a partner at the time the relevant claimant makes their first effective claim in relation to the child; and (b) one or more determinations under section 13 that parental leave pay is payable to the relevant claimant are in force in relation to the number of flexible PPL days for the child specified in subsection 31ABA(2); and (c) neither the relevant claimant nor the relevant claimant’s partner (if any) satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a PPL claim can be made; and (d) the relevant claimant does not satisfy the conditions prescribed by the PPL rules for the purposes of this paragraph. When flexible PPL days exceed maximum amounts—exceptional circumstances persons (other than persons that meet prescribed conditions) (a) one or more determinations under section 13 or 14 that parental leave pay is payable to the relevant claimant or the relevant claimant’s partner (if any) are in force in relation to the number of flexible PPL days for the child specified in subsection 31ABA(1); and (b) the relevant claimant or the relevant claimant’s partner (if any) satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a PPL claim can be made; and (c) the relevant claimant does not satisfy the conditions prescribed by the PPL rules for the purposes of paragraph (5)(c). When flexible PPL days exceed maximum amounts—exceptional circumstances persons that meet prescribed conditions (total limit) (a) one or more determinations under section 13 or 14 that parental leave pay is payable to the relevant claimant or the relevant claimant’s partner (if any) are in force in relation to the number of flexible PPL days for the child specified in subsection 31ABA(1); and (b) the relevant claimant or the relevant claimant’s partner (if any) satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a PPL claim can be made; and When flexible PPL days exceed maximum amounts—exceptional circumstances persons that meet prescribed conditions (reserved period) (a) the relevant claimant has a partner at the time the relevant claimant makes their first effective claim in relation to the child; and (b) one or more determinations under section 13 or 14 that parental leave pay is payable to the relevant claimant are in force in relation to the number of flexible PPL days for the child specified in subsection 31ABA(2); and (c) the relevant claimant or the relevant claimant’s partner satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a PPL claim can be made; and (7) This subsection applies to the relevant claimant on a flexible PPL day if the relevant claimant is deceased on that day. (8) This subsection applies to the relevant claimant on a flexible PPL day if that day is in a newly arrived resident’s waiting period for the relevant claimant (see section 31A). > Note 1: Under section 31AB, a claimant is not eligible for parental leave pay for a flexible PPL day if the maximum number of flexible PPL days for the child specified in this section has been reached. > Note 2: Where certain claimants have a partner, the maximum number of flexible PPL days for the claimant is limited to the number specified in subsection (2) of this section. The difference between the number of days specified in this subsection and the number of days specified in subsection (2) is reserved for other claimants (see section 31AB). (1) Subject to this section, a person is subject to a newly arrived resident’s waiting period if, on or after the commencement of this subsection, the person: (a) becomes the holder of a visa determined by the Minister for the purposes of subparagraph 729(2)(f)(v) of the Social Security Act; or (i) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 117 (Orphan Relative) visa or as a Subclass 837 (Orphan Relative) visa; or (ii) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 115 (Remaining Relative) visa or as a Subclass 835 (Remaining Relative) visa; or (1B) Paragraph (1)(b) does not apply in relation to a person if, at any time before the commencement of this subsection, the person held a visa covered by paragraph (1)(a). (b) the visa covered by paragraph (1)(a) or (b) is in a class of visas determined by the Minister for the purposes of paragraph 739A(3)(b) of the Social Security Act; and (b) the person has previously held one or more visas in a class of visas determined by the Minister for the purposes of paragraph 739A(4)(b) of the Social Security Act; whichever occurs last, and ends when the person has been in Australia for a period of, or periods totalling, 104 weeks after that day. (c) the person was also receiving any of the things mentioned in subparagraphs (b)(i) to (iv) on the day the child was born; then subsection (1) does not apply to the person for the purposes of that claim to the extent it relates to that flexible PPL day. (b) a person has made an effective claim for parental leave pay for a period of at least 10 flexible PPL days for a child; and (e) the person was also receiving any of the things mentioned in subparagraphs (d)(i) to (iii) on the day the child was born; then subsection (1) does not apply to the person for the purposes of that claim to the extent that it relates to the period referred to in paragraph (b) of this subsection. (7) Subsection 31AB(8) does not apply to a person in respect of a day in the newly arrived resident’s waiting period for the person if on that day the person holds, or is the former holder of, a visa in a class of visas determined by the Minister for the purposes of subsection 739A(6) of the Social Security Act. (7A) Subsection 31AB(8) does not apply to a person in respect of a day (the assessment day) in the newly arrived resident’s waiting period for the person if: (i) the person was a family member of another person at the time the other person became a refugee before the assessment day; (ii) the person is a family member of that other person on the assessment day or, if that other person has died, the person was a family member of that other person immediately before that other person died; or (d) the person is residing in Australia on the assessment day and has held a special category visa on any day before the assessment day. Step 3. Work out whether any days on which the person has not performed qualifying work during the work test period fall within a permissible break. Step 4. Work out whether there is a period (a qualifying period) of 295 consecutive days in the work test period that are days: Step 5. If the person has performed at least 330 hours of qualifying work in a qualifying period, the person satisfies the work test. (b) while the person was pregnant with the child, the person had complications or illness related to the pregnancy which prevented the person from performing paid work. > Note 3: If the person performs qualifying work on a day because of paragraph (c) or (d) of the definition of qualifying work in subsection 34(1), and does not also perform qualifying work on that day because of paragraph (e) or (f) of that definition, see section 35A to work out the hours of qualifying work the person is taken to have performed on the day. > Note 4: If the person performs qualifying work on a day because of paragraph (e) of the definition of qualifying work in subsection 34(1), the number of hours of qualifying work the person is taken to have performed on that day is determined in accordance with the PPL rules (see section 35B). > Note 5: If the person performs qualifying work on a day because of paragraph (f) of the definition of qualifying work in subsection 34(1), the number of hours of qualifying work the person is taken to have performed on that day is determined in accordance with the PPL rules (see section 35C). (1A) This section applies in relation to a PPL claimant or special PPL claimant who is not a COVID‑19 affected claimant in relation to a claim for parental leave pay for a child. (1B) If a provision of this Act or the PPL rules requires a person (the first person) to satisfy the work test on a day for the purposes of a PPL claim or special PPL claim made by another person, this section applies as if a reference to a PPL claimant or special PPL claimant were a reference to the first person. (ii) the PPL claimant or special PPL claimant would not satisfy the work test if the claimant’s work test period were the work test period under paragraph (b) or (c) of this subsection; (ii) the PPL claimant or special PPL claimant would not satisfy the work test if the claimant’s work test period were the work test period under paragraph (c) of this subsection; (2) However, for the purposes of making an initial eligibility determination on a PPL claim or special PPL claim, the work test period for the PPL claimant or special PPL claimant is the 392 days immediately before: (ii) the PPL claimant or special PPL claimant would not satisfy the work test if the claimant’s work test period were the work test period under paragraph (b) of this subsection; (b) the PPL claimant or special PPL claimant is performing or performed paid work of a particular kind before the birth of the child; and (c) the PPL claimant or special PPL claimant will cease or ceased performing that kind of work on a particular day (the claimant’s work cessation day) because of hazards connected with that kind of work that pose or posed a risk to the pregnancy; and The work test period for a PPL claimant or special PPL claimant who is a COVID‑19 affected claimant in relation to a claim for parental leave pay for a child is the work test period that would apply to the claimant under section 33 if: (ca) the day is a flexible PPL day for a previous child of the person and parental leave pay was payable to the person on that day; (a) is payable by the Commonwealth in accordance with rules made under the Coronavirus Economic Response Package (Payments and Benefits) Act 2020; and (5) A COVID‑19 Australian Government payment period for a person is a period for which the person is entitled to a COVID‑19 Australian Government payment. (a) a payment or grant of financial assistance covered by item 492 of the table in Part 4 of Schedule 1AB to the Financial Framework (Supplementary Powers) Regulations 1997; or (b) a payment or grant of financial assistance by the Commonwealth that is prescribed by the PPL rules for the purposes of this paragraph. (1) A person performs paid work on a day if, on that day, the person performs work (whether as an employee, a contractor or otherwise and whether or not in Australia) for another entity for remuneration or other financial benefit. (2) However, a person is taken not to perform paid work for the purposes of subsection (1) if the other entity is controlled by the person (whether alone or with others). (3) A person performs paid work on a day if, on that day, the person performs work for the purposes of a business that is carried on for profit (whether in or outside of Australia) by: (4) A person controls an entity if the person has the capacity to determine the outcome of decisions about the entity’s financial and operating policies. (1) For the purposes of step 5 of the method statement in section 32, if a person performs qualifying work on a day only because the day is a flexible PPL day for a previous child, the person is taken to have performed 7.6 hours of work on that day. (2) For the purposes of step 5 of the method statement in section 32, if a person performs qualifying work on a day because both: (3) For the purposes of step 5 of the method statement in section 32, if a person performs qualifying work on a day because both: (1) For the purposes of step 5 of the method statement in section 32, if a person performs qualifying work on a day because the day is in a jobkeeper payment period for the person, the person is taken to have performed on that day the number of hours of work determined in accordance with the PPL rules. (1) For the purposes of step 5 of the method statement in section 32, if a person performs qualifying work on a day because the day is in a COVID‑19 Australian Government payment period for the person, the person is taken to have performed on that day the number of hours of work determined in accordance with the PPL rules. (2) If, between a day on which the person performed qualifying work (a qualifying work day) in the work test period and the next qualifying work day, there was at least 1 day but not more than 84 consecutive days on which the person did not perform qualifying work—the day or period of consecutive days between those 2 qualifying work days is a permissible break. (a) a person performed qualifying work on a day (the earlier qualifying work day) before the first day in the work test period; and (b) the person next performed qualifying work on a day (the later qualifying work day) after the first day in the work test period; and then the day or period of consecutive days on which the person did not perform qualifying work between the first day in the work test period and the later qualifying work day (including the first day of the work test period) is a permissible break. (ii) if the person is the child’s birth mother—while the person was pregnant with the child, the person had complications or illness related to the pregnancy which prevented the person from performing paid work; and (b) the Secretary is satisfied that the person would have satisfied the work test on the day in accordance with section 32 if that circumstance, or those circumstances, had not existed. (a) the Secretary is satisfied that special circumstances of a kind prescribed by the PPL rules for the purposes of this paragraph exist in relation to the person on the day; and (b) the Secretary is satisfied that the person would have satisfied the work test on the day in accordance with section 32 if those circumstances had not existed. (b) on which a conditional eligibility determination or initial eligibility determination is made in relation to the person; if the person’s adjusted taxable income for the reference income year is not more than the relevant individual PPL income limit. (b) on which a conditional eligibility determination or initial eligibility determination is made in relation to the person; if: (c) the person does not have a partner at the time the person makes the claim to which that flexible PPL day or determination relates; and (d) the person’s adjusted taxable income for the reference income year is not more than the relevant family PPL income limit. (b) on which a conditional eligibility determination or initial eligibility determination is made in relation to the person; if: (c) the person has a partner at the time the person makes the claim to which that flexible PPL day or determination relates; and A person’s adjusted taxable income for an income year is worked out in accordance with Schedule 3 to the Family Assistance Act (disregarding subclause 2(2) and clauses 3 and 3A of that Schedule). > Note: Schedule 3 to the Family Assistance Act sets out how to work out a person’s adjusted taxable income for the purposes of that Act. (1) The relevant individual PPL income limit for a PPL claimant or special PPL claimant is the individual PPL income limit that applies on the earlier of the following days: (2) The relevant family PPL income limit for a PPL claimant or special PPL claimant is the family PPL income limit that applies on the earlier of the following days: (b) if the day is on or after an indexation day (the relevant indexation day) but before the next indexation day—the indexed amount on the relevant indexation day worked out under Subdivision B. (b) if the day is on or after an indexation day (the relevant indexation day) but before the next indexation day—the indexed amount on the relevant indexation day worked out under Subdivision B. (1) Subject to subsection (2), the amount of the individual PPL income limit and the amount of the family PPL income limit are to be indexed under this Subdivision on 1 July each year (the indexation day). (2) The first indexation day for an amount of the individual PPL income limit is 1 July 2021 and the first indexation day for an amount of the family PPL income limit is 1 July 2024. Step 1. Work out the amount (the previous amount) for the relevant income limit that applied on the day immediately before the indexation day.  > base December quarter means the December quarter that has the highest index number of the December quarters before the reference December quarter (but not earlier than the December quarter 2007). > index number, for a quarter, means the All Groups Consumer Price Index number that is the weighted average of the 8 capital cities and is published by the Australian Statistician in relation to that quarter. (2) The indexation factor is to be worked out to 3 decimal places, but increased by 0.001 if the fourth decimal place is more than 4. (3) If an indexation factor worked out under subsections (1) and (2) would be less than 1, that indexation factor is to be increased to 1. (a) using only the index numbers published in terms of the most recently published reference base for the Consumer Price Index; and (b) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the reference base). (2) If a provisional indexed amount is not a multiple of $1.00, the indexed amount is the provisional indexed amount rounded up or down to the nearest multiple of $1.00. (3) If a provisional indexed amount is not a multiple of $1.00 but is a multiple of $0.50, the indexed amount is the provisional indexed amount rounded up to the nearest multiple of $1.00. (a) the person is the holder of a visa determined by the Minister for the purposes of subparagraph 729(2)(f)(v) of the Social Security Act; and (ii) the person is temporarily absent from Australia for not more than 6 weeks and the absence is an allowable absence in relation to special benefit within the meaning of Part 4.2 of that Act. (b) on the relevant day, the person has been absent from Australia for more than 56 weeks since the day the person left Australia. (a) a person who has been absent from Australia for more than 6 weeks, but not more than 56 weeks, returns to Australia; and (b) the person then ceases to satisfy the Australian residency test because of the application of subsection (1) or a previous application of this subsection; and (4) The Secretary may extend the 56 week period referred to in subsection (1) or (2), to a period of no more than 3 years, if the Secretary is satisfied that the person is unable to return to Australia within the 56 week period because the person is: (a) deployed outside Australia as a defence force member, under conditions specified in a determination made under the Defence Act 1903 that relates to such deployment; or (5) The Secretary may extend the 56 week period referred to in subsection (1) or (2), to a period of no more than 3 years, if the Secretary is satisfied that: (a) the person is unable to return to Australia within the 56 week period because of an event prescribed by the PPL rules; or This Part is about claims for parental leave pay. A person cannot be paid parental leave pay unless the person has first made a claim for it. Division 2 sets out the rules about claims. There are 2 types of claims: PPL claims and special PPL claims. These claims relate to each other, although PPL claims are the main type of claim. PPL claims will often be the only claims that are made. Section 54 sets out who can make each type of claim. The Secretary cannot make a payability determination on a claim unless it is an effective claim. To be effective, the claim must be made by the right person and satisfy the requirements in the provisions listed in section 55\. One of those requirements is that the claim must be in the form, and contain the information, required by the Secretary (see section 56). Another requirement is that the claim must be made in the period set out in section 60. (g) a person who satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a PPL claim can be made. (b) a person who satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a special PPL claim can be made. (1) A claim for parental leave pay is not effective unless the requirements of the following provisions that apply to the claim are satisfied: (2) A claim for parental leave pay is also not effective if it is made by a person who cannot make that type of claim under section 54. (b) contain any information (including information about the claimant’s employer or the claimant’s employment with that employer) required by the Secretary; and (2) For the purposes of paragraphs (1)(b) and (c), the Secretary may require that different information be contained in, and different documents accompany: (2) A flexible PPL day for the child specified in the claim must not be a day that is more than 100 days before the day the claim is made. (b) the claimant is a PPL claimant who satisfies the work test in relation to the claim by reason of at least one day in the claimant’s work test period being a day in a COVID‑19 Australian Government payment period for the claimant. (3) Before a payability determination is made on the claim, the claimant may change a flexible PPL day for the child specified in the claim by notifying the Secretary of the new flexible PPL day for the child. (a) one or more days were specified in the claim for parental leave pay as flexible PPL days for the child at the time the claim was made; and then, before a payability determination is made on the claim, the Secretary may determine, in accordance with any requirements prescribed by the PPL rules, that the claim is to be taken, for the purposes of making the determination, to have specified one or more other flexible PPL days for the child. If the claim is a PPL claim and it is made before the child’s birth, the claim must specify the child’s expected date of birth. (1) The claim for parental leave pay must contain the person’s tax file number statement, which is a statement of the kind set out in subsection (2), (3), (4) or (5). (5) The fourth kind is a statement that the person’s tax file number has previously been provided with an earlier claim for parental leave pay. (1) A PPL claim for parental leave pay for one or more flexible PPL days for a child that is made by the following persons is not an effective claim unless permission to make a claim in relation to the child is given, and has not been revoked, by the child’s birth mother: (2) However, subsection (1) does not apply to a person who makes a PPL claim in the circumstances prescribed by the PPL rules. (3) A PPL claim for parental leave pay for one or more flexible PPL days for a child that is made by the partner of an adoptive parent of the child is not an effective claim unless permission to make the claim in relation to the child is given, and has not been revoked, by: (i) a payability determination under section 13 that parental leave pay for the child is payable has been made in relation to an adoptive parent of the child; and (ii) that determination is the first payability determination under section 13 that parental leave pay for the child is payable that has been made in relation to an adoptive parent of the child; (4) A special PPL claim for parental leave pay for one or more flexible PPL days for a child that is made by the partner of a person who satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a PPL claim can be made is not an effective claim unless: (a) permission to make a claim in relation to the child is given, and has not been revoked, by the person who satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a PPL claim can be made; and (b) a payability determination under section 13 that parental leave pay for the child is payable is in force in relation to that person. > Note: The permission does not need to specify the number of flexible PPL days for the child in relation to which a claim to which the permission relates may be made. (i) if, before the child’s first birthday, an effective claim for parental leave pay for the child has been made by a PPL claimant for the child—the child’s second birthday; or (1) After making an effective claim for parental leave pay, the person may withdraw or vary the claim before a payability determination is made on it. Parental leave pay is payable in instalments for regular periods called instalment periods. An instalment is payable to a person if one or more flexible PPL days for a child of the person fall within an instalment period for the person and parental leave pay is payable to the person for those days. This Part also contains rules for working out the amount of an instalment and deals with the deductions that may be made from an instalment. (1) A person’s instalment period, and the payday for an instalment that relates to an instalment period, are worked out according to the following rules. (2) If the instalment is to be paid by the person’s employer and there is a regular period for which the person would usually be paid in relation to the person’s performance of work: (b) the payday for the instalment is the day on which the person would usually be paid in relation to the person’s performance of work for the instalment period to which the instalment relates. (3) If the instalment is to be paid by the person’s employer and there is not a regular period for which the person would usually be paid in relation to the person’s performance of work: (b) the payday for the instalment is the first day after the end of the instalment period to which the instalment relates. (a) the person’s instalment period is the period of 14 days starting on a day the Secretary considers appropriate for the person (or a class of person in which the person is included) and each successive 14 day period; and (b) the payday for the instalment is a day that the Secretary considers appropriate that occurs after the instalment period to which the instalment relates. (1) The amount of an instalment payable to a person is the sum of the daily national minimum wage amounts for each day, during the instalment period to which the instalment relates, that is: (2) The daily national minimum wage amount for a day is 7.6 times the amount of the national minimum wage (when expressed as a monetary amount per hour) set by a national minimum wage order that is in operation on that day (whether or not the order has also taken effect on that day). (a) the national minimum wage is taken to be the wage set by the national minimum wage order for employees in relation to whom no exceptional circumstances exist (see subsection 287(2) of the Fair Work Act); and (i) the Fair Work Commission makes a determination under section 296 of the Fair Work Act varying a national minimum wage order; and (ii) the day the determination comes into operation under section 297 of that Act is earlier than the day the determination is made; (1) An instalment is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise. > Note: Section 97 (which deals with the effect of a garnishee etc. order) also provides a protection for an account into which an instalment has been paid. (1) An employer or the Secretary may deduct an amount from an instalment that is payable to a person if the deduction is: > Note: A deduction by an employer in accordance with a salary sacrifice or other arrangement, under which a person chooses to: (2) The Secretary may deduct an amount from an instalment that is payable to a PPL claimant or special PPL claimant for a child if: (a) another PPL claimant or special PPL claimant owes a debt to the Commonwealth in relation to amounts paid to, or in relation to, that other PPL claimant or special PPL claimant by way of instalments for the same child; and (b) the deduction is authorised by the first PPL claimant or special PPL claimant for the purposes of the recovery of the debt. An employer or the Secretary (the payer) may deduct an amount from an instalment that is payable to a person if the payer is required to withhold the amount under section 12‑110 in Schedule 1 to the Taxation Administration Act 1953. (1) An employer may deduct an amount from an instalment that is payable to a person if the employer is required to deduct the amount under section 46 or 72A of the Child Support (Registration and Collection) Act 1988. (2) The Secretary, in accordance with a notice given to the Secretary under section 72AD of the Child Support (Registration and Collection) Act 1988 in relation to a person to whom an instalment is payable, must: (a) make deductions from an instalment that is payable to the person (subject to subsections (3) and (4) of that section); and If: (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 instalment 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 instalment 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; > 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 instalment is income so payment of an instalment may reduce the amount of income support payment that is payable to the person. (1) An amount must not be deducted from an instalment except in accordance with section 67, 68, 69, 69A or 69B. This subsection applies despite any other law of the Commonwealth, a State or a Territory. (b) the instalment is payable in relation to a flexible PPL day for the child that falls within the person’s continuous flexible period for the child; and