6.3.1 Initial Eligibility Determinations for DAPP
Initial eligibility determinations may be made where an effective claim (5.1.2) for DAPP has been made, but Centrelink cannot yet make a determination that DAPP is payable to the claimant, for example, because the child has not yet been born and hence the birth has not been verified as required before a payability determination can be made.
Initial eligibility determination - claimant not eligible
In making an initial eligibility determination, Centrelink may determine that a claimant is not eligible to receive DAPP if Centrelink is, at the time of making the determination, satisfied that there is no possibility of the person becoming eligible for DAPP in respect of their child.
Example: A father makes a claim for DAPP 1 month before the expected date of birth of his baby. The claimant has only worked for 3 of the past 13 months, and has no prospect of meeting the PPL work test by the time the baby is born.
Initial eligibility determination may be deferred
If at the time when an initial eligibility determination may be made, Centrelink is uncertain about whether a claimant will be eligible to receive DAPP, Centrelink may defer making an eligibility determination.
Example: An adopting parent makes a claim for DAPP 2 months before the expected date of adoption. At the time the claim is made the claimant does not meet the Australian residency test, but expects to do so just before the child enters the couple's care as part of the process of adoption. Centrelink may defer making an initial eligibility determination on the claim until after the claimant has met the Australian residency requirements.
Initial eligibility determination - claimant is initially eligible
If the claimant appears likely to be eligible to receive DAPP, Centrelink may make a determination that the claimant is initially eligible. An initial eligibility determination allows the person to know early on that they are likely to be eligible, to enable them to plan ahead financially and plan their leave from work. Centrelink may later reconsider the eligibility criteria when making a payability determination.
Centrelink may determine that the person is initially eligible for DAPP for a child if, when making the determination, Centrelink is satisfied that the person satisfies the work test (2.3.2), the income test (2.3.3) and the Australian residency test (1.1.A.110, 2.3.4) or will satisfy those tests on the day immediately before the DAPP nominated start date.
When the initial eligibility determination comes into force
An initial eligibility determination comes into force on the day it is made.
Notice of the initial eligibility determination
If Centrelink makes an initial eligibility determination, Centrelink must give a notice of the determination to the claimant.
In all cases involving a notice of a decision, PPLAct subsection 306(4) provides that a decision is not ineffective just because the notice was not given or was given late, or the notice did not comply with the requirements of the provision.
Assumptions when making the initial eligibility determination
In deciding whether to make an initial eligibility determination, Centrelink may act on the assumption that the state of affairs known to Centrelink when making the determination will remain unchanged.
This does not prevent the actual state of affairs being looked at again when a payability determination is being made.
In addition, if a person makes an effective claim for DAPP and the Secretary does NOT make a payability determination that DAPP is NOT payable to the person, the person must notify Centrelink of anything that causes or is likely to cause the person to cease to be eligible for DAPP on a day in the DAPP period. A person commits an offence if the person refuses or fails to comply with the requirement.
Act reference: PPLAct Part 3A-2 Division 5 Initial eligibility determinations about DAPP, section 125 Obligation to notify of change of circumstances, section 306 Notice of decisions
Policy reference: PPL Guide 2.3.2 PPL Scheme Work Test for DAPP, 2.3.3 PPL Scheme Income Test for DAPP, 2.3.4 PPL Scheme Australian Residency Test & Absences from Australia for DAPP, 2.3.8 DAPP Period, 5.1 Claims for DAPP, 6.3 Initial Eligibility & Payability Determinations for DAPP, 8 Review of Decisions