Section 71CB — Parental Leave and Employment Protection Act 1987: Definition of eligible self-employed person

71CB Definition of eligible self-employed person (1) In this Part, eligible self-employed person means— (a) a female self-employed person who— (i) becomes pregnant; and (ii) at the expected date of delivery, will have been self-employed for at least an average of 10 hours a week over the immediately preceding 6 months or the immediately preceding 12 months; and (iii) takes parental leave from self-employment in respect of the child; or (b) a self-employed person who— (i) assumes (with a view to adoption by that self-employed person or by that person and that person's spouse or partner jointly) the care of a child who is not more than 5 years of age; and (ii) at the date on which he or she, with a view to adoption, first assumes the care of the child, will have been self-employed for at least an average of 10 hours a week over the immediately preceding 6 months or the immediately preceding 12 months; and (iii) takes parental leave from self-employment in respect of the child. (2) For the purposes of subsection (1) and section 71E(3) and (4) , a person is treated as being self-employed for an hour, despite not working as a self-employed person for that hour, if the person is— (a) entitled to a payment of weekly compensation under the Injury Prevention, Rehabilitation, and Compensation Act 2001 ; or (b) on parental leave before the expected date of delivery of the child; or (c) unable to work because of any other circumstances that are considered by a Labour Inspector not to disrupt the normal pattern of the person's self-employment. (3) However, by virtue of subsection (1)(b) , a self-employed person is not entitled to parental leave payments in respect of a child if he or she has previously received parental leave payments in respect of that child. Sections 71CA to 71CD were inserted, as from 1 July 2006, by section 23 Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20). See section 5 of that Act for the application of this amendment.