21Prescribed conditions for claimants when partnered

21 Prescribed conditions for claimants when partnered

(1) For the purposes of paragraph 31AB(3)(d) of the Act, the prescribed conditions are that the relevant claimant satisfies any of subsections (2) to (7) of this section. (2) The relevant claimant satisfies this subsection if the partner of the relevant claimant at the time the relevant claimant made their first effective claim: (a) is incapable of caring for the child; and (b) has been, or is likely to be, incapable of caring for the child for a continuous period of at least 26 weeks. (3) The relevant claimant satisfies this subsection if: (a) the child is stillborn or has died; or (b) the child and another child were born during the same multiple birth and the other child is stillborn or has died. (4) The relevant claimant satisfies this subsection if the relevant claimant is experiencing family and domestic violence, or is dealing with the impacts of family and domestic violence. (5) The relevant claimant satisfies this subsection if the partner of the relevant claimant at the time the relevant claimant made their first effective claim is 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, for all of the flexible PPL days for the child. (6) The relevant claimant satisfies this subsection if: (a) both: (i) the child was required to remain in hospital after the child’s birth, or was hospitalised immediately after the child’s birth; and (ii) the child has been or is likely to remain in hospital for a period of at least 18 weeks; or (b) both: (i) the child developed a complication or contracted an illness during the period of gestation, at birth or immediately following the birth; and (ii) because of the complication or illness, the child has higher care needs, and requires medical care or treatment, for a period of at least 18 weeks. (6A) The relevant claimant satisfies this subsection if: (a) the child and another child were born during the same multiple birth and both of the following apply: (i) the other child was required to remain in hospital after the other child’s birth, or was hospitalised immediately after the other child’s birth; (ii) the other child has been or is likely to remain in hospital for a period of at least 18 weeks; or (b) the child and another child were born during the same multiple birth and both of the following apply: (i) the other child developed a complication or contracted an illness during the period of gestation, at birth or immediately following the birth; (ii) because of the complication or illness, the other child has higher care needs, and requires medical care or treatment, for a period of at least 18 weeks. (7) The relevant claimant satisfies this subsection if the relevant claimant satisfies section 13 (birth mother relinquishing child) for the child.