1.1.S.20 Secondary claim
There are 3 types of PLP claims: a primary claim, a secondary claim and a tertiary claim.
Centrelink cannot make a determination that PLP is payable to a person for a child for a period unless the person has made an effective primary claim, an effective secondary claim or an effective tertiary claim. Only a natural person can make a claim.
A secondary claim may only be made by:
- the partner of a primary claimant,
- a person who is a parent of the child and is not the primary claimant,
- the partner of a person who is a parent of the child and not a primary claimant, or
- a person who satisfies the circumstances that are prescribed by the PPL Rules as being exceptional circumstances in which a secondary claim can be made.
A secondary claim may be made in the following exceptional circumstances:
- the person has, and is likely to continue to have, care of the child for at least 26 weeks,
- the child was not entrusted to the care of the person, or to the care of the person's partner, under a decision by a state or territory child protection agency under legislation dealing with child protection in the state or territory,
- if the person is the partner of the primary claimant for the child - the primary claimant is incapable of caring for the child (1.1.I.05) and will be incapable, or is likely to be incapable, of caring for the child for at least 26 weeks,
- if the person is not the partner of the primary claimant for the child:
- the primary claimant and the primary claimant's partner are incapable of caring for the child and are likely to be incapable of caring for the child for at least 26 weeks, or
- Centrelink is satisfied on reasonable grounds that: the person became the primary carer of the child in special circumstances, and it would be unreasonable for the primary claimant or the primary claimant's partner to care for the child, and it is in the interests of the child for the person to care for the child.
A claim must be made in the form approved and the manner required by Centrelink for that type of claim, contain any information required by Centrelink, and be accompanied by any documents required by Centrelink. If a secondary claim is made before the day the secondary claimant expects to become the child's primary carer, the claim must specify the day the secondary claimant expects to become the child's primary carer.
Act reference: PPLAct section 6 The Dictionary, section 52 Who can claim, section 53 Types of claims, section 54 Who can make a primary claim, secondary claim or tertiary claim, section 55 When a claim is effective, section 56 Requirements of the claim, section 58 Expected date of birth and expected day of primary care
Paid Parental Leave Rules 2010 Part 2-3 Eligibility for PLP, Part 2-4 Division 2.4.1 Subdivision 220.127.116.11 Exceptional circumstances for secondary claims
Policy reference: PPL Guide 18.104.22.168 Payability Determination on Primary & Secondary Claims for PLP Made Jointly - PLP to be Shared, 22.214.171.124 Payability Determination for Primary & Secondary Claims for PLP Made Jointly - Secondary Claimant to Get All the PLP