The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

3.5.1.10 Qualification summary for PP

Summary

This topic outlines the qualification criteria for PP, as well as the following issues that relate to qualification:

  • assurance of support
  • being unemployed due to industrial action
  • requirement for a proper claim, and
  • comparable foreign payments.

Qualification (1.1.Q.10) criteria

To qualify for PP, a person must meet the criteria listed in the following table. Where more detail about a criterion is required, the second column indicates where you will find this.

Criterion More Detail

ALL of the following
Must have at least one PP child (1.1.P.340), AND 3.5.1.20 Child-related qualification for PP - overview

 

3.5.1.50 Child-related qualification for PP - shared care

3.5.1.65 Child-related qualification for PP - foster care

1.1.P.412 Principal carer
Satisfy the residence requirements, and 3.5.1.70 Residence qualification for PP - overview

 

7.1.2.20 Application of portability rules (portability table)
Satisfy any requirement to enter into a Job Plan 3.11.2 Job Plans

Act reference: SSAct section 500 Qualification for PP, section 500B Qualification - assurance of support, section 500C Qualification affecting member of couple …, section 500D PP child

SS(Admin)Act section 40A Requirement to enter into employment pathway plans

AoS (1.1.A.310)

A person is NOT qualified for PP if:

  • an AoS is in force for the person
  • the person who gave the AoS is willing and able to provide an adequate level of support to the person, AND
  • it would be reasonable for the person to accept that support.

Act reference: SSAct section 500B Qualification-assurance of support

Unemployed due to industrial action (1.1.I.120) - partnered

A person who is a member of a couple CLAIMING PP, is NOT qualified for PP if they are unemployed due to industrial action engaged in either by themselves, OR by their trade union. In this case, the person cannot qualify until that industrial action has stopped.

A member of a couple who is ALREADY RECEIVING PP before the commencement of industrial action will continue to qualify during any period of unemployment due to that industrial action.

Qualification for PP is NOT affected by industrial action undertaken by the partner of a person claiming or receiving PP.

Act reference: SSAct section 500C Qualification affecting member of couple-unemployment due to industrial action

Policy reference: SS Guide 3.2.2.40 Situations involving industrial action

Proper claim

A person must lodge a proper claim before PP can be granted. That is, it must be:

  • in writing
  • in a form approved by the Secretary, and
  • lodged while the person is in Australia.

Act reference: SS(Admin)Act section 11 Need for claim, section 16 How to make a claim, section 29 Residence requirements for claimants, section 12 Deemed claim in certain cases

Policy reference: SS Guide 8.1.1 Claim Lodgement Provisions

Comparable foreign payment (1.1.C.230)

If a person claims PP when they or their partner would be entitled to a CFP, they may be required to take reasonable action to obtain the payment. Their claim can be rejected if they fail to take reasonable action to obtain the CFP within the specified period.

Act reference: SS(Admin)Act section 66 Notice to obtain foreign payment, section 40 Rejection of claim for failure to obtain foreign payment

Policy reference: SS Guide 7.3 Comparable foreign payments

Last reviewed: