Commonwealth Numbered Acts Commonwealth Numbered Acts
1 Section 6
Insert:
COVID-19 affected claimant : a person is a COVID-19 affected claimant in relation to a claim for parental leave pay, or dad and partner pay, for a child if:
(a) either:
(i) the child is or was born between 22 March 2020 and 31 March 2021; or
(ii) if the claim is made before the child's birth--the child's expected date of birth is during that period; and
(b) the person must satisfy the work test to be eligible for parental leave pay or dad and partner pay (as the case may be); and
(c) the Secretary is satisfied that any of the following circumstances apply in relation to the person:
(i) the person became unemployed as a result of the adverse effects of the coronavirus known as COVID-19;
(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:
(i) if the claim is for parental leave pay--section 33; or
(ii) if the claim is for dad and partner pay--paragraph 115CD(b).
2 Section 6 (paragraph (a) of the definition of work test period )
Omit "section 33", substitute "sections 33 and 33A".
3 Paragraph 11(4)(c)
After "relevant day" insert "and the primary claimant is not a COVID-19 affected claimant in relation to that claim".
4 At the end of subsection 11(4)
Add:
; and (d) if the primary claimant makes an effective claim for parental leave pay in relation to the maximum PPL period for the child after the relevant day and the primary claimant is a COVID-19 affected claimant in relation to that claim--the later of the following days:
(i) the day the child was born;
(ii) the primary claimant's nominated start day.
5 After section 19A
Insert:
19B Parental leave pay not payable to COVID-19 affected claimant if child born after 31 March 2021
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.
6 Section 32 (method statement, step 1, note)
Omit "section 33", substitute "sections 33 and 33A".
7 Section 33 (at the end of the heading)
Add " --claimants other than COVID-19 affected claimants ".
8 Section 33 (after the heading)
Insert:
Application of section
(1A) This section applies in relation to the following:
(a) a primary claimant who is not a COVID-19 affected claimant in relation to a claim for parental leave pay for a child;
(b) a secondary claimant who is not a COVID-19 affected claimant in relation to a claim for parental leave pay for a child.
Note: For the work test period for a COVID-19 affected claimant in relation to such a claim: see section 33A.
9 After section 33
Insert:
33A The work test period --COVID-19 affected claimants
(1) The work test period for a primary 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:
(a) subsection 33(1A) were disregarded; and
(b) the reference in subsections 33(1) and (2) to 392 days were a reference to 600 days.
(2) The work test period for a secondary 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:
(a) subsection 33(1A) were disregarded; and
(b) the reference in subsection 33(3) to 392 days were a reference to 600 days.
10 After subsection 57A(2)
Insert:
(2A) Subsection (2) does not apply to the claim if the claimant is a COVID-19 affected claimant in relation to that claim.
11 After section 115BD
If a person is a COVID-19 affected claimant in relation to a claim for dad and partner pay for a child of the person, the Secretary must not make a payability determination that dad and partner pay is payable to the person for the child if the child is born after 31 March 2021.
12 Section 115CD
Repeal the section, substitute:
For the purposes of satisfying the work test in accordance with section 32, the work test period for a DAPP claimant is:
(a) if the DAPP claimant is a COVID-19 affected claimant in relation to a claim for dad and partner pay for a child--the 600 days immediately before the DAPP claimant's nominated start date; or
(b) otherwise--the 392 days immediately before the DAPP claimant's nominated start date.
13 Application of amendments
The amendments made by this Schedule apply in relation to a claim made by a person for parental leave pay, or dad and partner pay, for a child if:
(a) the claim is made on or after the commencement of this item; or
(b) all of the following apply:
(i) the claim is made before that commencement;
(ii) the claim is an effective claim;
(iii) immediately before that commencement, the Secretary has not determined the claim.