36AEffect of favourable review of payability determinations etc. for parental leave pay

36A Effect of favourable review of payability determinations etc. for parental leave pay

(1) If: (a) an individual would, but for this section, be eligible for baby bonus in respect of a child; and (b) either: (i) a payability determination (within the meaning of the Paid Parental Leave Act 2010) was made to the effect that parental leave pay is not payable for the child; or (ii) a decision made under that Act, on review of another decision under that Act, has the effect that parental leave pay is not payable for the child; and (c) a decision (the favourable review decision) made under that Act on review of: (i) the payability determination; or (ii) the decision on review referred to in subparagraph (b)(ii); has the effect that parental leave pay is payable for the child; the individual is not, and is taken never to have been, eligible for baby bonus in respect of the child. (2) Despite subsection (1), if: (a) the favourable review decision is made before the PPL period relating to the parental leave pay starts; and (b) before that PPL period starts, a decision made under that Act, on review of the favourable review decision, has the effect that parental leave pay is not payable for the child; this section does not affect, and is taken never to have affected, the individual’s eligibility for baby bonus in respect of the child. (3) Despite subsection (1), if: (a) the favourable review decision is made before the PPL period relating to the parental leave pay starts; and (b) before that PPL period starts, the payability determination (as in force following the favourable review decision) is revoked under section 25 of that Act; this section does not affect the individual’s eligibility, after the determination is revoked, for baby bonus in respect of the child.

Note: If this subsection applies, subsection 39(1A) of the Family Assistance Administration Act allows for an additional claim for payment of baby bonus in respect of the child.

15 Subsections 37(2) and (3)

Omit “subsection 36(2), (3) or (4)”, substitute “subsection 36(2) or (3)”.

16 Paragraph 39(3)(b)

Repeal the paragraph, substitute:

(b) had the child been born alive:
(i) the child would have been an FTB child of the individual at birth; and
(ii) the individual, or the individual’s partner, would have been the primary carer of the child at birth; and

17 At the end of Division 2 of Part 4

Add: