2.3.6 Not Working & Not on Paid Leave for DAPP

Introduction

To be eligible for DAPP, a person must be on unpaid leave, or not working during the entire DAPP period (1.1.D.30). A person cannot be on paid leave during the DAPP period.

Not working or on paid leave requirements

To be eligible for DAPP, a person must be on unpaid leave or not working.

A person is working on a day if the person performs 1 hour or more of paid work on that day.

A person takes paid leave for a day if, on that day, they take paid leave of at least 1 hour.

If a person works they are ineligible for DAPP from the day they work to the end of their DAPP period (2.3.8).

Exceptions where a person may be regarded as 'not working'

There are exceptions where a person may be regarded as not working as follows:

  • In the event of a stillborn or infant death a person may still be eligible for DAPP where they work for all or part of the DAPP period (2.3.8).
  • A person may still be eligible for DAPP where they are on unpaid leave from their employer and during the period of unpaid leave receive workers compensation for all or part of the DAPP period.
  • A person may still be eligible to receive DAPP where they are on unpaid leave from their employer and during the period of unpaid leave receive a top-up payment (1.1.T.75) from their employer during or in relation to their DAPP period. A top-up payment is a payment made by an employer to an employee to supplement their DAPP.
  • A person who is a defence force member or a law enforcement officer may still be eligible to receive DAPP if they performed paid work on a day because they have been compulsorily recalled to duty (1.1.R.05).
  • A person may still be eligible to receive DAPP if they work for a day because they complied with the requirements of a summons or other compulsory process (1.1.S.95).
  • A person may still be eligible to receive DAPP where they return to work for a permissible purpose as a self-employed person.
    • A self-employed person is a person who performs work for the purpose of a business that is carried on by the person (whether alone or with others), or an entity that is controlled by the person (whether alone or with others). A person who is employed by, or is a managing director of a company which they control, and through which they operate their business, would fall within this definition. This would include a person who runs a farm which is owned by a trust or other entity, as long as the person controls the trust or entity (either on their own or with others).
    • For claimants or recipients within this category, paid work is for a permissible purpose if it consists of overseeing the business or is an occasional administrative task for the purposes of the business.
    • Only ad-hoc activities undertaken by a self-employed person would be regarded as work performed for a permissible purpose. Permissible activities in this context could include: arranging repair of equipment, paying an account, checking the delivery of an order, or dealing with an ad hoc dispute.
    • A self-employed person who is actively engaged in running or maintaining the daily operations of the business during their DAPP period would not be regarded as working for a permissible purpose.

Interaction with employer-provided leave

DAPP is an entitlement to a payment, not a period of paid leave. The scheme does not change existing employer-provided paid or unpaid leave entitlements. A person can access up to 2 weeks of Government-funded DAPP, as well as any existing employer-provided paid or unpaid leave, although DAPP cannot be taken at the same time as paid leave. If an employer currently provides paid parental or paternity leave through an industrial agreement or law, they cannot withdraw the entitlement for the life of that agreement or law.

Act reference: PPLAct section 115CB(2) Eligible (DAPP), section 115CM When a DAPP claimant is not working, section 115EM DAPP period is not a period of paid leave, Part 2-3 Division 7 Return to work

Paid Parental Leave Rules 2010 rule 3A.6 Work requirements for DAPP claimants - recall to duty, rule 3A.7 Work requirements for DAPP claimants - summons or other compulsory process, rule 3A.9 What is taken to be not working

Policy reference: PPL Guide 1.1.R.05 Recall to duty, 1.1.S.95 Summons or other compulsory process, 1.1.T.75 Top-ups, 2.3.1 DAPP Eligibility Overview, 2.3.2 PPL Scheme Work Test for DAPP, 2.3.3 PPL Scheme Income Test for DAPP, 2.3.4 PPL Scheme Australian Residency Test & Absences from Australia for DAPP, 2.3.5 Caring for a Child for DAPP, 2.3.7 Who Can Claim DAPP, 2.3.8 DAPP Period, 2.3.9 DAPP Claim Interactions with Other PLP or DAPP Claims, 5.1.4 When to Claim DAPP, 6.3.2 Payability Determinations for DAPP

Last reviewed: 6 February 2017