1.1.E.10 Effective claim

Definition

For the purposes of PLP and DAPP, 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 PPLAct Part 2-4.

An effective claim for DAPP means a claim that is made in accordance with PPLAct Part 3A-4.

A claim is only effective if it is made by the right person and:

  • it meets claim requirements for that type of claim (section 56 or section 115DF),
  • if it is a PLP primary claim or a DAPP claim it includes a nominated start date (section 57 or section 115DG),
  • if it is a claim made before the birth, it contains information about the child's expected DOB for a PLP primary claim, or the date the claimant expects to become the primary carer for a PLP secondary claim (section 58),
  • if it is a DAPP claim made before birth it specifies the child's expected DOB, and if a DAPP claim made after the birth it specifies the child's actual DOB (section 115DH),
  • it contains the claimant's TFN statement (section 59 or section 115DJ), and
  • it is made in the period starting 97 days before the expected DOB of the child and ending on the day before the child's first birthday (section 60 or section 115DG).

A PLP secondary claim can only be determined if there has been an effective primary claim for PLP for the child (section 14 or section15).

A PLP tertiary claim can only be determined if there has been a payability determination made in relation to an effective secondary claim for PLP for the child (section 17).

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 lodged.

Act reference: PPLAct section 55 When a claim is effective (PLP), section 115DE When is a claim effective (DAPP)

Policy reference: PPL Guide 4.1.2 Types of Claims & Claimants for PLP, 5.1.1 DAPP Claims & Claimants

Last reviewed: 8 May 2017