2.9 Maximum PLP entitlements

Introduction

A person is not eligible for PLP on a day if they have exceeded their maximum PLP entitlement for the child.

PPL claimant – general

Generally, the maximum number of days that a person can be eligible for is:

• if the person is not partnered at the time of claim – 100 days
• if the person is partnered at the time of claim – 90 days, with the remaining 10 days reserved for another claimant or claimants (unless an exemption applies – see below).

The maximum number of days that can be received for a child is 100.

PPL claimants in exceptional circumstances

A PPL claimant in exceptional circumstances can be eligible for 100 days of PLP, whether or not they are partnered at the time of claim. The reserved entitlement does not apply to these claimants. A PPL claimant in exceptional circumstances who is partnered can choose to receive the whole entitlement, or they may choose to share with their partner (if their partner is eligible as a special PPL claimant). They and their partner can be eligible for a combined maximum of 100 days for the child.

A PPL claimant in exceptional circumstances can receive 100 days of PLP (including the days shared with their partner), even if PLP has been paid to another person or persons (for example, the birth mother).

Special PPL claimants in exceptional circumstances

A special PPL claimant in exceptional circumstances may receive the remainder of the PLP entitlement not already received by previous claimants for the child, up to a maximum of 100 days.

Birth mothers relinquishing care of the child

Birth mothers who have relinquished care of the child for one of the reasons listed below, can be eligible for a maximum of 100 days of PLP, regardless of whether they were partnered at the time of claim:

• as part of the process for adoption of the child
• because the child was born because of a surrogacy arrangement, or
• because the child was removed from their care by a child protection agency of a state or territory, or in accordance with a decision of a court of a state or territory, under a law of that state or territory dealing with child protection.

Exceptions to the reserved period for partnered claimants

A person who is partnered at time of claim may receive an exception to the reserved period if any of the following circumstance are met:

• The partner of the person at the time of their claim is incapable of caring (1.1.I.05) for the child and has been, or is likely to be, incapable of caring for the child for a continuous period of at least 26 weeks.
• The child is stillborn (1.1.S.90) or has died.
• The person is experiencing family and domestic violence, or is dealing with the impacts of family and domestic violence.
• The partner of the person at the time of their claim is deployed outside Australia as a defence force member, under conditions specified in a determination made under the Defence Act 1903 that relates to such deployment, for all of the flexible PPL days (1.1.F.70) for the child.
• The child was required to remain in hospital after the child’s birth, or was hospitalised immediately after the child’s birth and has been or is likely to remain in hospital for a period of at least 18 weeks.
• The child developed a complication or contracted an illness during the period of gestation, at birth or immediately following the birth and because of the complication or illness, the child has higher care needs, and requires medical care or treatment, for a period of at least 18 weeks.

These claimants can receive the remainder of the reserved entitlement for the child, to a maximum of 100 days.

Claimants may be asked to provide evidence to Centrelink to demonstrate that one of the exceptions applies to them. Appropriate evidence will vary from case to case.

A person is not exempt from the reserved period merely because they separate from their partner.