Paid Parental Leave (Consequential Amendments) Act 2010 (105 of 2010)
Schedule 1 Amendments
A New Tax System (Family Assistance) Act 1999
14 After section 36
Insert:
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.
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