Paid Parental Leave (Consequential Amendments) Act 2010

an individual makes a claim for payment of family tax benefit by instalment in respect of a child before the child is an FTB child of the claimant; and

the Secretary is satisfied that, at the time the determination would otherwise be made, the claimant would be likely to be eligible for family tax benefit in respect of the child if the child were to become an FTB child of the claimant;

the time when the child becomes an FTB child of the claimant, or is stillborn;

28 days after the day that, on the day the claim is made, is the expected day on which the child to whom the claim relates will become an FTB child of the claimant.

A claim is not effective if it is made before the early claim day.

However, subsection (1) does not apply to a claim for payment of baby bonus in respect of a child if:

section 36A applied in relation to an individual’s eligibility for baby bonus in respect of the child, but ceased to apply because of subsection 36A(3); and

the claim is the individual’s first claim for payment of baby bonus in respect of the child after that section so ceased to apply.

If:

the claimant, or the claimant’s partner, made a claim in accordance with Part 2‑4 of the Paid Parental Leave Act 2010 for parental leave pay for the child to whom the claim for payment of baby bonus relates; and

the Secretary notifies the claimant, or the claimant’s partner, under section 24 of that Act that parental leave pay is not payable for the child; and

the notice is given:

after the end of the period of 52 weeks mentioned in subsection (2) of this section; or

during the last 13 weeks of that period of 52 weeks;

If:

the claim is one for payment of baby bonus in normal circumstances, based on eligibility for baby bonus under subsection 36(2), (3) or (5) of the Family Assistance Act; and

at the time the determination would otherwise be made, the child to whom the claim relates is not an FTB child of the claimant; and

the Secretary is satisfied that, at the time the determination would otherwise be made, the claimant would be likely to be eligible for baby bonus in respect of the child if the child were to become an FTB child of the claimant;

the time when the child becomes an FTB child of the claimant, or is stillborn;

28 days after the day that, on the day the claim is made, is the expected day on which the child to whom the claim relates will become an FTB child of the claimant.

If:

the claim is one for payment of baby bonus in normal circumstances; and

the claimant, or the claimant’s partner, has made a claim in accordance with Part 2‑4 of the Paid Parental Leave Act 2010 for parental leave pay for the child to whom the claim for baby bonus relates;

if the Secretary determines under that Act that parental leave pay for the child is payable:

the PPL period applying to the individual who made the claim for parental leave pay starts; or

the Secretary revokes the determination under section 25 of that Act;

the Secretary determines under that Act that parental leave pay for the child is not payable;

the claim for parental leave pay is withdrawn under section 61 of that Act.

If:

the claim is one for payment of maternity immunisation allowance in normal circumstances, based on eligibility for the allowance under subsection 39(2), (2A) or (5) of the Family Assistance Act, or subsection 39(6) of that Act (where subsection 39(7) of that Act applies), in respect of a child; and

at the time the determination would otherwise be made, the child is not an FTB child of the claimant; and

the Secretary is satisfied that, at the time the determination would otherwise be made, if the child were to become an FTB child of the claimant, the claimant:

would be likely to be eligible for family tax benefit in respect of the child; or

would be likely to be so eligible except that the claimant’s rate of family tax benefit, worked out under Division 1 of Part 4 of the Family Assistance Act, would be nil;

the time when the child becomes an FTB child of the claimant, or is stillborn;

28 days after the day that, on the day the claim is made, is the expected day on which the child to whom the claim relates will become an FTB child of the claimant.

The following heading to subsection 41(7) is inserted “Effect of section 22A of the Family Assistance Act”.

as a result of that change in care:

the child ceases to be an FTB child of the individual; or

neither the individual nor the individual’s partner is the primary carer of the child; and