1.1.T.60 Tertiary 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 tertiary claim may only be made by a person who satisfies the circumstances prescribed by the PPL Rules as being exceptional circumstances in which a tertiary claim can be made.
The circumstances for a tertiary claim are as follows:
- 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 has previously been the primary claimant for the child - either:
- the secondary claimant had care of the child in exceptional circumstances and those circumstances have ceased to apply, or
- the secondary claimant is incapable of caring for the child (1.1.I.05) and is likely to be incapable of caring for the child for at least 26 weeks,
- if the person has not previously been the primary claimant for the child:
- the primary claimant and the secondary claimant are incapable of caring for the child and are likely to be incapable of caring for the child for at least 26 weeks, and
- 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 and secondary claimant to care for the child, and it is in the interests of the child for the person to care for the child.
Note: For what is unreasonable and in the interests of the child, see PPL Rules rule 2.37.
The 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.
Act reference: PPLAct section 6 The Dictionary, 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 a claim, section 115DJ Tax file number statement (DAPP)
Paid Parental Leave Rules 2010 Part 2.3 - Eligibility for parental leave pay, Part 2.4 - Claims for parental leave pay
Policy reference: PPL Guide 220.127.116.11 Tertiary Claims/Tertiary Claimants for PLP