2.2.7 Primary Carer is Person Other than Birth Mother for PLP Purposes
Another carer of the child may be able to claim PLP if they are the primary carer (1.1.P.230) of the child instead of the birth mother. In general, additional eligibility requirements apply to these primary carers.
Where an individual caring for a child is not the child's birth mother, they must meet rules relating to the circumstances in which they came to be caring for the child, in addition to the eligibility criteria which apply to a birth mother. This includes carers in adoption situations, the child's birth father caring for his child, the child's other parent in a same-sex situation or, as provided in the PPL Rules, any other person who is more distantly related, or is unrelated to the child.
The PPL Rules prescribe the exceptional circumstances (1.1.E.100) in which a person may be eligible for PLP as a primary claimant in exceptional circumstances (220.127.116.11), a secondary claimant (2.2.11), a secondary claimant in exceptional circumstances (18.104.22.168) or a tertiary claimant (2.2.12).
Exception: In an arrangement where the mother has chosen to pass primary care of the child, e.g. to her partner, and consents to the care arrangements, the person should not be entitled to PLP as a primary claimant but may receive PLP as a secondary claimant (see 2.2.11).
Act reference: PPLAct section 47 When a person is the primary carer of a child, section 54 Who can make a primary claim, a secondary claim or a tertiary claim, section 275 How this Act applies to an adopted child
Paid Parental Leave Rules 2010 rule 1.3-'incapable of caring for a child', Part 2-3 Eligibility for PLP, Part 2-4 Claims for PLP