2.2.10.50 Primary Claimant for PLP in Exceptional Circumstances - Any Other Person

Introduction

A person whose relationship to the child is not covered by sections 2.2.5 to 2.2.8 may be the primary claimant (1.1.P.250) for PLP in exceptional circumstances (1.1.E.100).

The PPL Rules prescribe the exceptional circumstances in which any person who has primary care of the child may become a primary claimant in respect of a child. The specific circumstances relate to situations where the child's previous primary carer can no longer care for the child, either because of incapacity or for legal reasons.

Eligibility criteria

The person who is the primary carer and primary claimant of PLP, must meet eligibility criteria relating to:

They must:

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

To be eligible for PLP as a primary claimant, the person 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

  • the birth mother or the 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
  • 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 birth mother or adoptive parent of the child to care for the child, and
    • it is in the interests of the child for the person to care for the child.

In addition, the following must apply:

  • the partner of the birth mother or the partner of the adoptive parent is incapable of caring for the child,
  • the child was not entrusted to the care of the person or the person's partner because of a decision of a state or territory child protection agency under its relevant legislation,
  • 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 partner of the birth mother or partner of the 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 276 How this Act applies to claims made in exceptional circumstances

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