22.214.171.124 Secondary Claimant for PLP in Normal Circumstances - Partner of Primary Claimant Birth Mother or Primary Claimant Adoptive Parent or Child's Other Legal Parent or Their Partner
For purposes of PLP secondary claims (1.1.S.20), the birth mother's partner or the partner of a primary claimant adoptive parent, or the other legal parent (if this is not the birth mother's partner or partner of the primary claimant adoptive parent) and the partner of the other legal parent are treated in the same manner. As for primary claimants, the general eligibility and payability criteria apply. Secondary claimants who are either the partner of the primary claimant birth mother or primary claimant adoptive parent, or the child's other legal parent or their partner, must meet the eligibility and payability criteria in their own right for PLP purposes. However, the PPL Rules provide that, in exceptional circumstances they (or any other person) may be eligible as secondary claimants without being required to meet the work test or the income test (126.96.36.199).
Secondary claimants who are primary carers with one of the above relationships to the child, must meet the usual eligibility criteria that apply to primary claimants but with minor differences.
They must meet the 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).
However, where the tests apply by reference to the DOB for a birth mother claimant, the secondary claimant must meet the tests in relation to the date the individual anticipates becoming, or became the child's primary carer.
Secondary claimants also must:
- be the primary carer of the child and have become the primary carer of the child on the day after the primary claimant ceased to provide such care, i.e. this must be a continuous block of care transitioning from one carer to another without any breaks (other than where the person is 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 where loss of care for the child or recall to duty (1.1.R.05) applies).
Note: A secondary claimant who is the partner of a primary claimant birth mother or primary claimant adoptive parent, or the child's other legal parent or that person's partner, who does not meet the eligibility criteria above, may meet the exceptional circumstances eligibility criteria specified at 188.8.131.52.
Maximum of 18 weeks parental leave pay
A maximum of 18 weeks of PLP can be paid in total where a primary and a secondary claimant share the PLP.
The PPL Rules provide that in exceptional circumstances (1.1.E.100), if less than the full 18 weeks of PLP has previously been received by the primary claimant and secondary claimant in respect of the child, the primary claimant or another person may be eligible for payments as a tertiary claimant (1.1.T.70). No more than 18 weeks of PLP is payable overall in respect of a child. While this situation is possible, it will arise very infrequently. The exceptional circumstances and eligibility criteria relating to tertiary claimants are in 184.108.40.206.
Only one transfer of PLP to a secondary claimant
There can be only one transfer of PLP from a primary to a secondary claimant but, as provided in the PPL Rules, in exceptional circumstances it is possible to transfer PLP from a secondary claimant to a tertiary claimant. The exceptional circumstances and eligibility criteria relating to tertiary claimants are provided in 220.127.116.11.
Act reference: PPLAct section 31 When a person is eligible for parental leave pay, section 32 When a person satisfies the work test, section 37 When a person satisfies the income test, section 45 When a person satisfies the Australian residency test, section 47 When a person is the primary carer of a child, section 48 When a person returns to work, section 276 How this Act applies to claims made in exceptional circumstances
PPL Rules Subdivision 18.104.22.168 When a secondary claimant is eligible for parental leave pay
Policy reference: PPL Guide 2.2.1 PLP Eligibility Overview