18.104.22.168 Primary Claimant for PLP - Partner Either of Birth Mother or Initial Primary Carer Adoptive Parent
The PPL Rules prescribe the conditions whereby a person who is the partner of the birth mother or, in cases of adoption, the partner of the adoptive parent who initially was, or was intended to be, the primary carer (1.1.P.230) of the child, may also be the primary claimant for PLP.
They are subject also to the additional requirements specified under exceptional circumstances below.
The partner of either the birth mother or adoptive parent initially intended to be the primary carer, who is the initial primary carer and primary claimant of PLP, must meet eligibility criteria relating to:
- the work test (1.1.W.30),
- the income test (ATI - 1.1.A.40), and
- Australian residency test (1.1.A.110).
They must also:
- be the primary carer of the child (other than where the child was stillborn or has died, they are temporarily unable to be the primary carer (1.1.T.50) or where they have lost care for the child (1.1.L.30)), and
- not have worked since becoming the primary carer (not applicable in cases of stillbirth, child death, if they have lost care of the child without their consent, or if they are a defence force member or law enforcement officer and they have been compulsorily recalled to duty).
Exceptional circumstances criteria
To be eligible for PLP as a primary claimant, the partner either of the birth mother or initial primary carer adoptive parent must have become the primary carer of the child before the child's first birthday or before the first anniversary of the day of placement of the child for adoption.
They must have care of the child and expect to continue to have care of the child for at least 26 weeks, and either:
- the birth mother or initial adoptive parent must be incapable of caring for the child (1.1.I.05) and be expected to remain so for at least 26 weeks, or
- the Secretary is satisfied on reasonable grounds that:
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