4.2.1.10 Centrelink Claim Determination Role

Introduction

Centrelink accepts and determines effective claims (1.1.E.10) for PLP. Generally, there is a 2-stage determination process as outlined below, to enable parents to lodge claims and make decisions about their care arrangements in advance of their child's birth or placement for adoption.

Initial eligibility determination

An initial eligibility determination may be made if Centrelink is satisfied that a claimant has provided sufficient information to enable a determination about their initial eligibility to be made in relation to the claim. To determine that a claimant is initially eligible to receive PLP, Centrelink must be satisfied the person meets the work test (1.1.W.30), the income test (i.e. has income equal to or below the relevant PPL income limit (1.1.R.30)), and the Australian residency test (1.1.A.110). The initial eligibility determination is made on the assumption that the state of affairs known at the time of making the determination will remain unchanged. In addition, a claimant who has an initial eligibility determination must notify Centrelink of anything that causes or is likely to cause the claimant to cease to be eligible for PLP.

Employer determination

If Centrelink determines that a claimant is eligible for PLP, and makes an initial eligibility determination and the conditions for making an employer determination (1.1.E.60) are satisfied, then Centrelink must make an employer determination for the person and the person's employer that the person's employer is to provide the PLP.

If Centrelink has not made an initial eligibility determination for a person, and Centrelink determines the person is payable, Centrelink must make an employer determination for the person and the person's employer if the conditions for making an employer determination are satisfied.

Centrelink is required to make an employer determination (that the person's employer is required to pay instalments) if the following conditions are met:

  • a payability determination or an initial eligibility determination for the person is in force, and
  • that instalments are likely to be payable for at least 40 consecutive PPL days that are week days, and
  • the person has, or will have been, employed by the employer for at least 12 months immediately before the expected DOB (where the claim is made prior to birth) or the later of the expected DOB and the day the child was born (where the claim is made after the birth), or
  • the person's employer has made an election to provide PLP to that employee, or to a class of employees that includes that employee, and
  • the person is likely to be an Australian-based employee of the employer for the person's PPL period where a payability determination has been made, or the period of days for which instalments are likely to be payable in any other case, and
  • the employer has an ABN.

If an employer determination is made for the person and their employer and if PLP is payable to the person, the employer will be funded and PLP will be provided to the person by their employer during their PPL period and in their usual pay cycle.

If an employer determination will not be made for a person, and PLP is payable to the person, Centrelink will provide the PLP directly to the person.

Payability determination

Centrelink must make a payability determination if a person has made an effective claim. Centrelink must be satisfied the person was or will be eligible for the relevant period. In addition, Centrelink must not determine that PLP is payable to a claimant until the claimant has verified the child's birth and declared that action has been taken to register the child's birth if the person is required to do so, or has provided proof of the child's entry into the person's care. Centrelink must also determine a particular claimant as the child's primary carer if there are 2 or more claimants providing a near equivalent level of care for a child.

Changes to determinations

If Centrelink revokes an employer determination for a person and employer, Centrelink must give them a written notice advising of the decision. The notice must contain any information that may be prescribed in the PPL Rules.

Where Centrelink has made an employer determination for a person and their employer and Centrelink then varies, sets aside or revokes a person's payability determination, Centrelink must notify the employer in writing about the effect of the decision. If the effect is to change the person's PPL period (1.1.P.200) Centrelink notice must advise the different PPL period and any other information prescribed by the PPL Rules. However, Centrelink is not required to give such a notice if the employer determination has previously been revoked.

Act reference: PPLAct Part 2-2 Determinations about whether PLP is payable to a person, section 101 Making employer determinations, section 109 Election by employer to pay instalments, section 125 Obligation to notify of change of circumstances, Part 3-5 Employer determinations

Paid Parental Leave Rules 2010

Policy reference: PPL Guide 6.1 Employer Determinations for PLP, 6.2 Initial Eligibility & Payability Determinations for PLP

Last reviewed: 3 July 2017