House of Representatives

Social Services and Other Legislation Amendment (Promoting Sustainable Welfare) Bill 2018

Addendum to the Explanatory Memorandum

(Circulated by the authority of the Minister for Social Services, the Honourable Dan Tehan MP)

Social Services Legislation Amendment (Encouraging Self-sufficiency for Newly Arrived Migrants) Bill 2018

This addendum makes a correction to the Explanatory Memorandum to clarify the operation of the newly arrived resident's waiting period (NARWP) for dad and partner pay (DaPP) introduced by Schedule 4 to the Bill.

The background to Schedule 4 states that individuals who become the holder of a permanent visa, or a temporary visa which would provide qualification for special benefit, will be required to serve the new NARWP before the birth of their child in order to be paid parental leave pay (PLP) or DaPP.

The text of the Bill does not require primary DaPP claimants or subsequent PLP claimants to serve the new NARWP prior to the birth of their child in order to be eligible for DaPP or PLP. The text of the Bill does not change the current requirement that, in in determining whether DaPP or PLP for other than a primary claimant is payable to a claimant, the Secretary has to be satisfied that the claimant was or will be eligible for PLP or DaPP on each day during their PPL or DaPP period.

Whereas payability of a primary claim for PLP for a child under section 13 of the Paid Parental Leave Act 2010 is tied to the period starting on the day the child was born (meaning the NARWP must served prior to the birth of the child), this is not the case for subsequent PLP claimants, or for DaPP, which requires only that the claimant is not serving a NARWP, during their PPL or DaPP period.

NOTES ON SCHEDULE 4

Schedule 4 - Background

On page 20, in the paragraph starting with "Under the amendments in this Schedule", delete the words "before the birth of their child". At the end of the paragraph, add "For primary claimants for PLP who under the current rules must be eligible for PLP for each day from the date of birth of their child until the last day of their PPL period, this will require that the child is born after the waiting period is finished."