6.2.2.30 Payability Determination on Primary & Secondary Claims for PLP Made Jointly - PLP to be Shared

Introduction

Primary (1.1.P.240) and secondary (1.1.S.20) claims may be made at the same time where the primary claimant intends to transfer primary care of the child to the secondary claimant during the PPL period (1.1.P.200), so that both claimants share the PLP.

Where:

  • a primary claimant has made an effective primary claim, and
  • a secondary claimant has made an effective secondary claim at the same time, and
  • the primary claimant has requested that PLP (that is or may be payable for the child) be shared between the primary claimant and the secondary claimant,

Centrelink must determine the primary claim and the secondary claim under PPLAct section 14.

First, Centrelink must make a determination in relation to the primary claimant's claim. Centrelink must determine that PLP is payable to the primary claimant, if Centrelink is satisfied that the primary claimant was or will be eligible for PLP on each day in the period that:

  • for a primary claimant in normal circumstances, starts on the day the child was born (or placed in the person's care as part of the process of adoption), and ends on the last day of the primary claimant's PPL period (1.1.P.200), or
  • for a primary claimant in exceptional circumstances, starts on the day the person became the child's primary carer and ends on the last day of the primary claimant's PPL period.

Note: There are some circumstances in which Centrelink is prevented from making a payability determination (6.2.2.70).

If Centrelink is not satisfied that the primary claimant was or will be eligible for each day in the eligibility period described above, then Centrelink must determine that PLP is not payable to the primary claimant. If the primary claimant is not eligible for PLP, PLP is not payable to the secondary claimant.

If Centrelink is satisfied that the primary claimant was or will be eligible for each day in the period described above, Centrelink must determine that PLP is payable to the primary claimant.

If PLP is payable to the primary claimant, the payability determination for the primary claimant must specify that the primary claimant's PPL period:

  • starts on the first day for which PLP is payable (the child's maximum PPL period start day), and
  • ends on the last day in the child's maximum PPL period that Centrelink is satisfied the primary claimant was or will be eligible, i.e. the last day before primary care of the child is transferred from the primary claimant to the secondary claimant.

If Centrelink has determined that PLP is payable to the primary claimant, Centrelink must determine if PLP is payable to the secondary claimant.

If Centrelink is satisfied that the secondary claimant was or will be eligible on each day in the secondary claimant's PPL period, Centrelink must determine that PLP is payable to the secondary claimant for the secondary claimant's PPL period.

Note: There are some circumstances in which Centrelink is prevented from making a payability determination (6.2.2.70).

If PLP is payable to the secondary claimant, the payability determination for the secondary claimant must specify that the secondary claimant's PPL period:

  • starts on the first day after the primary claimant's PPL period ends, and
  • ends on:
    • the child's maximum PPL period end day (the earlier of 125 days after the PPL period start date for the primary claimant and the day before the child's first birthday), if Centrelink is satisfied the secondary claimant was or will be eligible on each day that remains in the child's maximum PPL period, or
    • the last day in the child's maximum PPL period that Centrelink is satisfied the secondary claimant was or will be eligible.

Act reference: PPLAct section 14 Determination on primary and secondary claims made jointly-claimants sharing PLP

Policy reference: PPL Guide 2.2.10 Who Is a Primary Claimant for PLP?, 2.2.11 Who Is a Secondary Claimant for PLP? , 6.2.2.10 Primary Claimant's PPL Period, 6.2.2.70 When a Payability Determination for PLP Cannot be Made

Last reviewed: 3 July 2017