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.

1.1.E.10 Effective claim

Definition

For the purposes of PLP, Centrelink cannot make a payability determination on a claim unless it is an effective claim.

An effective claim for PLP means a claim that is made in accordance with the PPLAct Part 2-4.

A PLP claim (incorporating both PPL and special PPL claims) is only effective if it is made by a person who can make a PPL or special PPL claim (section 54) and:

  • it meets the requirements for that type of claim (section 56)
  • if it is a PPL claim made before the birth, it contains information about the child's expected DOB (section 58)
  • it contains the claimant's TFN statement (section 59)
  • if the claim is made before the birth of the child, it is made no earlier than 97 days before the expected date of birth (section 60)
  • it specifies one or more days being claimed (subsection 57A(1))
  • the days specified occur before the child's second birthday, if an effective claim for PLP has been made before the child's first birthday, otherwise before the child's first birthday (section 60), and
  • if the person requires permission to make claims, that permission has been provided and has not been revoked (section 59A).

A special PPL claim can only be determined if there has been a payability determination made in relation to an effective PPL claim for the child (section 14).

If the claim is not effective, it is taken not to have been made. The decision that the claim is not effective can be reviewed. If the claimant still wants to test their eligibility, a new claim must be made.

Act reference: PPLAct section 54 Who can make a PPL claim or special PPL claim, section 55 When a claim is effective, Part 5-1 Internal review of decisions

Policy reference: PPL Guide 4.1.2 Types of claims & claimants for PLP, 4.1.1 Effective claims for PLP, 4.1.6 Permission to make claims

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