6.2.2.60 Payability Determination on Tertiary Claim for PLP

Introduction

If a person makes an effective tertiary claim for PLP, Centrelink must determine the claim under PPLAct section 17.

Centrelink must determine that PLP is payable to a tertiary claimant if when making the determination Centrelink is satisfied that:

  • a payability determination under section 14 (primary and secondary claims made jointly - PLP to be shared), section 15 (primary and secondary claims made jointly - secondary claimant to receive all the PLP) or section 16 (secondary claim made after the primary claim) that PLP is payable to the secondary claimant was or will be in force on the day before the tertiary claimant's PPL period, and
  • the tertiary claimant was or will be eligible for PLP for the child on each day in the tertiary 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 tertiary claimant was or will be eligible for each day in the period described above, then Centrelink must determine that PLP is not payable to the tertiary claimant.

If Centrelink is satisfied that the tertiary claimant was or will be eligible for PLP for the child for each day in the tertiary claimant's PPL period, Centrelink must specify in the payability determination that the tertiary claimant's PPL period:

  • starts on the day after the secondary 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 tertiary 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 tertiary claimant was or will be eligible, if the tertiary claimant was or will be eligible for a period that is shorter than the child's maximum PPL period end day.

Act reference: PPLAct section 11 The determination must specify the person's PPL period, section 14 Determination on primary and secondary claims made jointly-claimants sharing PLP, section 15 Determination on primary and secondary claims made jointly-secondary claimant to get all the PLP, section 16 Determination on a secondary claim made after the primary claim, section 17 Determination on a tertiary claim, section 31 When a person is eligible for PLP, section 54 Who can make a primary claim, secondary claim or tertiary claim

Paid Parental Leave Rules 2010

Policy reference: PPL Guide 2.2.12 Who is a Tertiary Claimant for PLP?, 6.2.2.10 Primary Claimant's PPL Period, 6.2.2.70 When a Payability Determination Cannot be Made on a Claim for PLP

Last reviewed: 3 July 2017