4.1.6 Permission to make claims

Introduction

In some cases, a claim for PLP will only be effective if the claimant has permission from another person to make claims.

A permission (and revocation) must be given in the form approved by the Secretary and specify the person to whom the permission is given.

Permission from a birth mother

The following people require permission to make claims from the birth mother in order to make an effective PPL claim (1.1.P.165):

• A parent (other than an adoptive parent) of the child who is not the child’s birth mother
• The partner of the child’s birth mother
• The partner of the parent who is not the birth mother

Note: Birth mothers do not need permission to make a claim.

Permission from an adoptive parent

The partner of an adoptive parent cannot make an effective PPL claim unless permission to make a claim has been given by:

• the first adoptive parent to have been found payable for PLP in relation to the child, or
• if an adoptive parent has not been found payable for PLP in relation to the child, an adoptive parent nominated by the claimant to give permission.

Note: Adoptive parents do not need permission to make a claim.

Permission from a PPL claimant in exceptional circumstances

The partner of a PPL claimant in exceptional circumstances cannot make an effective special PPL claim (1.1.S.55) unless permission to claim has been given by the PPL claimant in exceptional circumstances.

Note: PPL claimants in exceptional circumstances and special PPL claimants in exceptional circumstances do not need permission to make a claim.

Revocation of permission

If a person has given permission for another person to make claims for the child, the person may revoke the permission. Once revoked, the person will no longer be able to make claims for PLP.

Note: Some claimants require permission to claim days in order to be payable (5.2.2.20 Payability determination on a PPL claim for PLP, 5.2.2.30 Payability determination on special PPL claim for PLP).