Budget Savings (Omnibus) Act 2016 (55 of 2016)

Schedule 14   Parental leave payments

Part 2   Parental leave pay and dad and partner pay deductions to avoid overpayments

Paid Parental Leave Act 2010

12   After section 115EH

Insert:

115EI Deductions to avoid overpayment of income support payment

If:

(a) a payability determination that dad and partner pay is payable to a person is made; and

(b) an amount of dad and partner pay relating to the person's DAPP period becomes payable to the person by the Secretary on a particular day; and

(c) before that day,the person was paid an amount of income support paymentunder the social security law or Veterans' Entitlements Act 1986 for a period (the income support period ) that falls within, or overlaps with, the person's DAPP period; and

(d) the Secretary is satisfied that the amount of income support payment so paid exceeds the amount of income support payment that would have been payable to the person for the income support period under that law or Act had the amount of dad and partner pay been taken into account when working out the amount of income support payment payable to the person for that period under that law or Act;

then the Secretary may deduct from the amount of dad and partner pay an amount equal to the excess.

Note: A person's income is taken into account when working out the amount of income support payment that is payable to the person under the social security law or the Veterans' Entitlements Act 1986. An amount of dad and partner pay is income so payment of such an amount may reduce the amount of income support payment that is payable to the person.