Section 5A — Social Security (Administration) Act 1999: Start day for parenting payment if one member of a couple fails to comply with certain participation payment obligations

(1) If: (a) one member of a couple is receiving parenting payment; and (b) the other member of the couple is receiving a participation payment; and (c) any of the following apply: (i) the Secretary determines under Subdivision C of Division 3AA (compliance with participation payment obligations: persons other than declared program participants) that the other member’s participation payment is not payable for a period; (ii) the Secretary determines under that Subdivision that the other member’s participation payment is cancelled; (iii) the Secretary determines that the other member of the couple, being a declared program participant, commits a serious failure; or (iv) the Secretary makes a determination under subsection 42S(1) (unemployment as a result of a voluntary act or misconduct obligation—declared program participants) in relation to the other member of the couple; and (d) the other member of the couple claims parenting payment; then, the other member’s start day under this Schedule in relation to the parenting payment is worked out in accordance with subclause (2). (2) For the purposes of subclause (1), the other member’s start day is the first day after the end of: (a) if subparagraph (1)(c)(i) applies—the other member’s payment suspension period or unemployment preclusion period; and (b) if subparagraph (1)(c)(ii) applies—the other member’s post-cancellation non-payment period; and (c) if subparagraph (1)(c)(iii) applies—the other member’s serious failure period; and (d) if subparagraph (1)(c)(iv) applies—the other member’s unemployment non-payment period.