18.104.22.168 Referral of Matter to FWO Relating to Employer Failure to Pay Instalment of PLP
Where Centrelink has referred a matter to the FWO because the employer has allegedly not paid an instalment of PLP as required, Centrelink must pay instalments of PLP from the PPL instalment period that begins on or after the day after the last PPL day (1.1.P.170) for which the employer has been funded (the transfer day (1.1.T.90)), if Centrelink is satisfied that it is appropriate to do so, and provided the FWO has not notified Centrelink before the transfer day that the employer has not complied with a compliance notice given for the failure to pay.
Where the FWO has notified Centrelink that the employer has not complied with a compliance notice given for the failure to pay one or more instalments as required, then the employer determination will be revoked and Centrelink must pay the person instalments from the instalment period that begins on or after the day (the transfer day) the revocation comes into force.
If Centrelink has both revoked the employer determination under PPLAct subsection 84(4) and has also referred the matter of a contravention by an employer to the FWO, then the provision where the transfer day occurs first is taken to apply (the provision which allows Centrelink to take over payment of instalments earlier will prevail).
Act reference: PPLAct section 84 When the Secretary pays instalments, section 85 Payment of arrears-employer determination reviewed or revoked before coming into force, section 86 Payment of arrears-employer determination revoked after coming into force
Policy reference: PPL Guide 4.3.1 Instalments of PLP, 22.214.171.124 Payment of Arrears of PLP - Employer Determination Revoked Before Coming into Force, 126.96.36.199 Payment of Arrears of PLP - Employer Determination Revoked after Coming into Force, 188.8.131.52 Payment of Arrears of PLP - Extending PPL Period after Review, 6.1 Employer Determinations for PLP, 7.2 Compliance