2.2.10.20 Primary Claimant for PLP - Adoptive Parent with Initial Primary Care of Adopted Child

Introduction

An adoptive parent who is the initial primary carer (1.1.P.230) of the child must meet the same PLP eligibility criteria as apply to a primary claimant birth mother.

For PLP purposes a reference to the birth of a child for a birth mother is a reference to the placement of a child for an adoptive parent. The day of placement of a child is the day the child has been entrusted to the care of the person by an authorised party as part of the process of adoption, and the child must be under 16 years of age at the time of placement with the adoptive parent/s.

Eligibility criteria

The adoptive parent who is the initial primary carer and primary claimant for PLP must meet eligibility criteria relating to:

They must:

  • have been the primary carer of the child since the child entered their care (unless their child has died, or they are temporarily unable to care for their child or have lost care of their child without their consent), and
  • not have worked since becoming the primary carer (not applicable if their child has died, if they have lost care of their child without their consent, or if they are a defence force member or law enforcement officer and they have been compulsorily recalled to duty).

Act reference: PPLAct section 31 When a person is eligible for parental leave pay, section 47 When a person is the primary carer of a child, section 54 Who can make a primary claim, secondary claim or tertiary claim, section 275 How this Act applies to an adopted child

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 2.2.1 PLP Eligibility Overview, 2.2.2 PPL Scheme Work Test for PLP, 2.2.3 PPL Scheme Income Test for PLP, 2.2.4 PPL Scheme Australian Residency Test & Absences from Australia for PLP, 2.2.13 Return to Work & When Paid Work is for a Permissible Purpose for PLP

Last reviewed: 1 July 2016