2.1.1 Eligibility Differences between PLP & DAPP

Who can claim?

To be eligible to claim PLP a person must be:

  • a birth mother, including in cases of stillbirth, surrogacy and adoption, or
  • an adoptive parent who is the initial primary carer of the child, or
  • the commissioning parents in a surrogacy arrangement, or
  • a person who satisfies the circumstances prescribed by the PPL Rules.

To be eligible to claim DAPP a person must be:

  • a biological father of the child,
  • the partner of the child's birth mother,
  • an adoptive parent of the child, or
  • a person who satisfies the circumstances prescribed by the PPL Rules.

Act reference: PPLAct Part 2-4 Division 2 Claims for PLP, Part 3A-4 Division 2 Claims for DAPP

Paid Parental Leave Rules 2010 Part 3A-4 Claims for DAPP, Part 2-3 Eligibility for PLP

Policy reference: PPL Guide 4.1.2 Types of claims and claimants for PLP, 5.1.1 DAPP claims and claimants

Work test

To be eligible for either payment a person must have worked for:

  • 295 days (approximately 10 months) of the 392 day (approximately 13 month) work test period, and
  • at least 330 hours in that 10 month period (just over 1 day a week) with no more than an 8 week (56 consecutive days) gap between 2 consecutive qualifying work days.

The 392 day work test period is the period immediately before:

  • for a PLP primary claimant, the expected or actual DOB,
  • for a PLP secondary claimant in normal circumstances, the day they became the primary carer of the child,
  • for a DAPP claimant, the nominated start date of their DAPP period.

Act reference: PPLAct Part 2-3 Division 3 The work test, Part 3A-3 Division 3 Applying the work test to claimants for DAPP

Policy reference: PPL Guide 2.2.2 PPL Scheme Work Test for PLP, 2.3.2 PPL Scheme Work Test for DAPP

Income test

To be eligible for either payment a person must have an individual ATI (1.1.A.40) of $150,000 or less in the reference income year. The reference income year is the financial year immediately before:

  • for a PLP primary claimant, the earlier of the DOB or adoption or the date of claim,
  • for a PLP secondary claimant in normal circumstances, the earlier of the date of claim or the date they became the child's primary carer,
  • for a DAPP claimant, the earlier of the nominated start date for their DAPP period and the date of claim.

Act reference: PPLAct Part 2-3 Division 4 The income test, Part 3A-3 Division 4 Applying the income test to claimants for DAPP

Policy reference: PPL Guide 2.2.3 PPL Scheme Income Test for PLP, 2.3.3 PPL Scheme Income Test for DAPP

Australian residency test

The Australian residency test is the same for either payment.

To be eligible for PLP, a claimant must meet the residency test from the child's DOB (or entry into care) until the end of their PPL period.

To be eligible for DAPP, a claimant must meet the residency test on each day of their DAPP period, regardless of when the DAPP period starts. For example, if the DAPP period starts when the child is 4 months old, then the claimant is not required to be a resident on the day the child was born or any day prior to the DAPP period.

Act reference: PPLAct Part 2-3 Division 5 The Australian residency test, Part 3A-3 Division 5 Applying the Australian residency test to claimants for DAPP

Policy reference: PPL Guide 2.2.4 PPL Scheme Australian Residency Test and Absences from Australia for PLP, 2.3.4 PPL Scheme Australian Residency Test and Absences from Australia for DAPP

Caring

To be eligible for PLP, a primary, secondary or tertiary claimant must be the primary carer of the child.

To be eligible for DAPP, a claimant must be caring for a child. More than one person may be caring for the same child on any particular day, either as a primary carer or caring with another person.

Act reference: PPLAct Part 2-3 Division 6 Primary carer, Part 3A-3 Division 6 Caring for a child

Policy reference: PPL Guide 2.2.5 Who is a Primary Carer for PLP?, 2.3.5 Caring for a Child for DAPP, 2.3.8 DAPP Period

Not working

To be eligible for PLP, a primary claimant or secondary claimant in normal circumstances must not be working between the time they become the primary carer of their child and the end of their PPL period. PLP may be taken at the same time as employer-provided paid or unpaid leave.

To be eligible for DAPP a claimant must not be working during their DAPP period. In addition, the claimant must not be on paid leave during the DAPP period. The claimant may be on unpaid leave during the DAPP period.

Act reference: PPLAct Part 2-3 Division 2 When a person is eligible for PLP, Part 2-3 Division 7 Return to work, Part 3A-3 Division 2 When a DAPP claimant is eligible for DAPP, Part 3A-3 Division 7 Not working

Policy reference: PPL Guide 2.2.1 PLP Eligibility Overview, 2.3.6 Not Working and Not on Paid Leave for DAPP, 2.3.8 DAPP Period

Last reviewed: 3 July 2017