2.2.10.40 Primary Claimant for PLP - Child's Other Legal Parent or Their Partner

Introduction

The PPL Rules prescribe the circumstances whereby a person who is the child's other legal parent, but not the partner of the birth mother or adoptive parent who was or was intended to be the initial primary carer (1.1.P.230) of the adopted child, may be the primary claimant for PLP. The circumstances may apply also to the other legal parent's partner, so they may be the primary claimant.

They are subject also to the additional requirements specified under exceptional circumstances below.

Eligibility criteria

The legal parent or their partner, who is the primary carer and primary claimant of PLP, must meet eligibility criteria relating to:

They must also:

  • be the primary carer of the child (other than where the child 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 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

To be eligible for PLP as a primary claimant, the child's other legal parent or that person's partner 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 care for 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:
    • the person became the primary carer in special circumstances,
    • it would be unreasonable (1.1.U.10) for the birth mother or other adoptive parent to care for the child, and
    • it is in the interests of the child (1.1.I.90) for the person to care for the child.

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