Section 85 — Paid Parental Leave Act 2010: Payment of arrears—employer determination reviewed or revoked before coming into force

(1) This section applies if: (a) the Secretary is required to pay an instalment to a person under subsection 84(3) (which deals with payment of instalments where an employer determination is reviewed); or (b) both of the following apply: (i) the Secretary is required to pay an instalment to a person under subsection 84(4) (which deals with payment of instalments where an employer determination is revoked); (ii) the employer determination made for the person and the person’s employer has never come into force. (2) The Secretary must pay the person each instalment that is taken to have become payable to the person under section 91 (which deals with the effect of the Secretary or an employer becoming required to pay instalments after the start of a person’s continuous flexible period for a child). (3) The Secretary must pay the instalments on the payday for the first instalment that the Secretary is required to pay as referred to in paragraph (1)(a) or (b) of this section. Note: See section 96 for when the Secretary is taken to have complied with this requirement.