6.2.2.70 When a Payability Determination for PLP Cannot be Made

Introduction

In order for a payability determination for PLP to be made, a person must:

  • be eligible for PLP for the relevant period, and
  • make an effective claim for PLP.

Even if these 2 requirements are met, Centrelink cannot make a determination that a person is payable if:

  • the child's birth has not been verified, or
  • the child was born before the start of the PPL scheme, or
  • PLP is or was payable for another child in a multiple birth, or
  • the person or their partner or former partner has already been paid PLP for the child.

Child's birth has not been verified

Centrelink cannot make a payability determination that PLP is payable to a person for a child unless the primary claimant has verified the child's birth (1.1.V.10).

A primary claim for PLP that is made from 3 months prior to the expected DOB, and up to 28 days after the actual DOB, does not need to be accompanied by birth verification for the child for an initial eligibility determination to be made. However, if a primary claim is lodged in this period and is not accompanied by the birth verification for the child, a payability determination cannot be made on the claim until the birth verification for the child is received by Centrelink.

Note 1: If an effective primary claim is lodged in this period, a determination may be made on the claim that the primary claimant is either initially eligible or is not eligible for PLP.

Note 2: A primary claim that is lodged more than 28 days after the child's actual DOB must be accompanied by birth verification. If a person makes an online claim they may satisfy this requirement by providing the birth verification to Centrelink (by post or in person) at around the same time they lodge their claim online.

Birth verification for a newborn child is satisfied if the person:

  • provides proof of the child's birth, and
  • is a parent of the child (other than an adoptive parent), and
  • the child was not stillborn, and
  • the person is responsible under state or territory law for registering the birth of the child, the person must give Centrelink information showing that:
    • the child's birth has been registered under the state or territory law, or
    • action has been taken to register the birth under the state or territory law.

Birth verification for a newborn child may be provided by either a birth verification form approved by Centrelink, or a birth certificate.

The birth verification form approved by Centrelink is the 'Newborn Child Declaration' form (FA081) that is usually issued to parents by the hospital or midwife following the birth of a child. The form includes the hospital's or midwife's certification that the child was born. The form also allows the claimant to provide information that the child's birth has been registered or action has been taken to register the birth.

States and territories have primary responsibility for birth registration. Requirements relating to notification and submission of a registration statement are provided in the laws of the individual states and territories. Generally, hospitals are required to notify the Registry of the birth within 21 days of the birth of the child, and parents are required to submit a statement to the Registry within 60 days of the birth of the child.

If a child is stillborn (1.1.S.90), verification of the stillbirth may be provided in a form approved by Centrelink. The birth verification form approved by Centrelink is the 'Claim for Bereavement Payment' form that is usually issued to parents by the hospital. The form includes certification that the child was stillborn. There is no requirement to register the birth of a stillborn child for the purposes of a claim for PLP. If the stillbirth has been registered the birth certificate may be provided as verification.

An adoptive parent may provide adoption papers to Centrelink as proof that the child has entered the person's care as part of the process of adoption.

A person who is a primary claimant for PLP in exceptional circumstances will be required to provide proof to Centrelink that the child has entered their care. The form of proof that is available will depend on the individual circumstances of the case.

Act reference: PPLAct section 6 The Dictionary, section 18 The child's birth has not been verified, section 275 How this Act applies to an adopted child, section 276 How this Act applies to claims made in exceptional circumstances

Child born before 1 January 2011

Centrelink must not make a payability determination that PLP is payable to a person for a child if the child was born before 1 January 2011, the date when the PPL scheme commenced.

The effect of this provision is varied in relation to an adopted child by section 275, such that PLP may still be paid in respect of an adopted child born prior to 1 January 2011 but placed with the adoptive parents of the child as part of the process of adoption on or after 1 January 2011. The child must be under the age of 16 on the day of placement.

Act reference: PPLAct section 19 The child was born before 1 January 2011, section 275 How this Act applies to an adopted child

Multiple births

Centrelink must not make a payability determination that PLP is payable to a person for a child if the child and another child are born in the same multiple birth event, and PLP is or was payable to the person or another person for another child born in the same multiple birth event.

This restriction applies even if children born in the same multiple birth event are being cared for within different families, for example, as the result of their parents separating.

NBS may be available for other children born in the same multiple birth event.

In the case of adopted children, where 2 or more children were adopted as part of the same multiple adoption, PLP may only ever be payable in respect of one of the children adopted as part of the same multiple adoption.

NBS may be available for other children adopted during the same multiple adoption.

Act reference: PPLAct section 20 Multiple births, section 275 How this Act applies to an adopted child

FAAct Schedule 1 Part 5 Division 1A NBS

Policy reference: FA Guide 1.2.18 Newborn Supplement (NBS) - Description, 1.2.19 Stillborn Baby Payment (SBP) - Description

The person or their partner or former partner has already been paid PLP

Centrelink must not determine that PLP is payable to a person for a child if the person has been paid PLP for the child under a different claim, whether a primary (1.1.P.240), secondary (1.1.S.20) or tertiary (1.1.T.60) claim.

If a person is the primary claimant for PLP, Centrelink must not determine that PLP is payable to the person for a child if either the person's current partner has been paid PLP for the child, or a former partner was paid PLP for the child when he or she was the person's partner.

If a person is the secondary claimant for PLP, Centrelink must not determine that PLP is payable to the person for a child if either the person's current partner has been paid PLP for the child (other than as the primary claimant to which the person's secondary claim relates), or a former partner was paid PLP for the child when he or she was the person's partner (other than as the primary claimant to which the person's secondary claim relates.

Exception 1: These restrictions do not apply to a claim made in exceptional circumstances.

Exception 2: Where the person is a tertiary claimant who previously was the primary claimant for the child, the Paid Parental Leave Rules 2010 provide that Centrelink may determine that PLP is payable to the tertiary claimant.

Example: The parents of a child are members of a couple. The mother is the primary claimant and has a PPL payability determination and PLP is payable from the child's DOB. The parents separate at week 15. The mother then ceases to care for the child, and the child is in the father's care 100% of the time. The father claims PLP for the child as a primary claimant, but is ineligible because his former partner had received PLP while they were partners. The father could claim the remaining 3 weeks of PLP as a secondary claimant on the basis he has been the child's primary carer from separation.

Act reference: PPLAct section 6 The Dictionary, section 18 The child's birth has not been verified, section 19 The child was born before 1 January 2011, section 20 Multiple births, section 21 Parental leave pay is already payable to the person etc., section 275 How this Act applies to an adopted child

Paid Parental Leave Rules 2010 Part 2-4 Claims for parental leave pay

Last reviewed: 1 July 2016