2.3.7.10 Prescribed Circumstances for DAPP Claims

Introduction

The PPLAct covers 3 types of claimants:

  • biological father of the child,
  • partner of the birth mother (including same-sex partners), or
  • an adoptive parent.

Under the PPL Rules, the following people may also be able to claim DAPP in prescribed circumstances:

  • partner of an adoptive parent of the child,
  • person caring for a child born of a surrogacy arrangement,
  • partner of the child's primary carer when care arrangements change, or
  • partner of the biological father of the child.

Under prescribed circumstances, a claimant needs to meet the following additional criteria.

Partner of an adoptive parent of the child

For a person who is the partner of an adoptive parent of the child, the circumstances under which they can make a claim for DAPP are as follows:

  • the birth mother must have relinquished the child, and
  • the person has, and is likely to continue to have, care of the child for at least 26 weeks.

A person in this circumstance may be able to claim DAPP, despite a first person already having received the payment for the child (e.g. the biological father or birth mother's partner while they were caring for the child).

Surrogacy arrangement

For a person caring for a child born of a surrogacy arrangement, the circumstances under which they can make a claim for DAPP are as follows:

  • the person has, and is likely to continue to have, care of the child for at least 26 weeks, and
  • the person became, or will become, the child's carer before the child's first birthday, and
  • the Secretary is satisfied on reasonable grounds that the person is caring for a child born of a surrogacy arrangement, and it is in the interests of the child for the person to care for the child. In considering what is in the interests of the child, the Secretary must consider:
    • whether the person intends to be the long-term carer of the child, and
    • whether the surrogate birth mother has relinquished care for the child, and
    • any other matter relevant to a proper consideration of what is in the best interests of the child.

Partner of the child's primary carer when care arrangements change

A person who is the partner of the child's primary carer can claim DAPP in the following circumstances:

  • the person has, and is likely to continue to have, care of the child for at least 26 weeks, and
  • the person became, or will become, a carer of the child before the child's first birthday, or, for an adopted child, before the first anniversary of the day of placement of the child, and
  • the birth mother and their partner, or the adoptive parent and their partner are incapable of caring for the child (1.1.I.05) and will be incapable, or likely to be incapable of caring for the child for at least 26 weeks, and
  • the Secretary must be satisfied on reasonable grounds that:
    • the person became the carer in special circumstances, and
    • it would be unreasonable for the birth mother and their partner, or the adoptive parent and their partner to care for the child, and
    • it is in the interests of the child for the person to care for the child, and
    • the child was not entrusted to the care of the person, or to the care of the person's partner, under a decision made by a state or territory child protection agency under its relevant legislation.

Note: This does not apply to a person who is caring for a child born of a surrogacy arrangement.

A person in this circumstance may be able to claim DAPP, despite a first person already having received the payment for the child (e.g. the biological father or birth mother's partner while they were caring for the child).

Partner of the biological father of the child

For a person who is the partner of the biological father of the child, the circumstances under which they can make a claim for DAPP are as follows:

  • the birth mother is no longer caring for the child (this means the birth mother is not caring for the child for at least 26 weeks), and
  • the person has, and is likely to continue to have, care of the child for at least 26 weeks.

Act reference: PPLAct section 115DD Who can make a claim for DAPP

Paid Parental Leave Rules 2010 Part 3A-4 Claims for DAPP

Policy reference: PPL Guide 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, 2.3.6 Not Working & Not on Paid Leave for DAPP, 2.3.8 DAPP Period, 2.3.9 DAPP Claim Interactions with Other PLP or DAPP Claims

Last reviewed: 3 July 2017