The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

2.2.6 Special circumstances for PLP

Introduction

For claims made on or after 4 September 2021, a person may meet the work test (1.1.W.30) for PLP on a day if Centrelink is satisfied that:

  • special circumstances existed in relation to the person on the day, and
  • the person would have met the work test on the day if those special circumstances had not existed.

The special circumstances are prescribed by the PPL Rules. They are family and domestic violence, severe medical condition, and natural disaster.

Family & domestic violence

A person may satisfy the work test on a day if the person is experiencing family and domestic violence, or is dealing with the impact of family and domestic violence, that prevents the person from performing paid work.

Severe medical condition

A person may satisfy the work test on a day if:

  • the person is affected by a severe medical condition that prevents them from performing paid work, or
  • the person is caring for a family member who is affected by a severe medical condition and providing such care prevents the person from performing paid work.

Family member means:

  • the person's partner
  • the person's child (including adoptive children and stepchildren)
  • the person's parent
  • the person's sibling
  • the parent of the person's partner
  • someone the person has legal guardianship over, including foster children, or
  • someone the person is related to according to Aboriginal and Torres Strait Islander kinship rules.

Example: Before she gave birth to her first child in May 2021, Holly had been working as a permanent full-time employee at a supermarket for over 4 years. After the birth, Holly took 12 weeks of employer-provided paid leave followed by 18 weeks of PLP. Holly had intended on returning to work part time, working 3 days per week following her PLP. When her baby is 6 months old, Holly's husband is diagnosed with cancer. He requires a significant amount of physical support from her as well as transport to appointments. Holly is unable to return to work when intended due to her responsibilities in caring for her husband.

Holly has her second child in November 2022. Her work test period for her second child is between 10 October 2021 and 6 November 2022. Holly has not performed any paid work in that time, however she received 8 weeks of PLP in her work test period.

Holly does not meet the usual work test. However, she provides evidence from her employer that she was intending to return to work for 3 days per week on a permanent basis. She also provides medical evidence verifying her husband's medical condition and the extent of the physical support he requires. Holly can meet the work test under the special circumstances exemption.

Natural disaster

A person may satisfy the work test on a day if the person is severely affected by a Commonwealth, state or territory declared natural disaster which prevents the person from performing paid work.

COVID-19 is not a declared natural disaster.

Evidence to support a claim under the special circumstances provisions

Claimants may be asked to provide evidence to Centrelink at the time of their claim that shows:

  • one of the special circumstances prescribed by the PPL Rules applied to them on a day
  • the special circumstances prevented them from performing paid work on the day, and
  • they would have met the work test on that day if the special circumstances had not existed.

In order to prove that the special circumstance prevented them from performing paid work on a day and that they would have met the work test on the day if not for the special circumstance, a person must be able to demonstrate a genuine connection to the workforce. In most cases, this cannot be demonstrated if the person has not performed any qualifying work in their work test period (1.1.W.40).

Appropriate evidence will vary from case to case, but may include a medical certificate, a letter from an employer or a statutory declaration.

Act Reference: PPLAct section 36AA Special circumstances

PPL Rules section 24B Special circumstances—satisfying the work test on a day

Policy Reference: PPL Guide 2.1 PLP eligibility overview, 2.2.2 Work test for PLP

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