6.3.2.20 When a DAPP Payability Determination Cannot be Made

Introduction

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

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

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

  • the child's birth has not been verified, or
  • the child was born before the start of DAPP, i.e. before 1 January 2013, or
  • DAPP is or was payable for another child in a multiple birth, or
  • DAPP is already payable to the person or another person for the child.

Child's birth not verified

Centrelink cannot make a payability determination that DAPP is payable to a person for a child unless a person (the claimant or another person) has verified the child's birth or adoption.

Note: This restriction does not inhibit a Centrelink determination that DAPP is NOT payable to a person.

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

  • provides proof of the child's birth, and
  • the person 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. This form must be lodged for the purpose of claiming PLP and/or FTB). The form includes the hospital's or midwife's certification that the child was born. The form also allows a claimant for PLP and family assistance to provide information that the child's birth has been registered or action has been taken to register the birth.

Birth verification for the purposes of DAPP may be provided by the DAPP claimant or by another person. For example, a 'Newborn Child Declaration' form (FA081) that has been lodged by the mother in relation to a claim for PLP or a family assistance payment, may be used for the purpose of birth verification (1.1.V.10) for DAPP.

If birth verification is not lodged by another person in relation to the child, the DAPP claimant may provide birth verification for the child in the form of a birth certificate.

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, or a birth certificate. 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 DAPP.

If birth verification is not lodged by another person in relation to a stillborn child, the DAPP claimant may provide birth verification for the child in the form of a birth certificate.

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

Child born before 1 January 2013

Centrelink cannot make a payability determination that DAPP is payable to a person for a child if the child was born before 1 January 2013, the date when DAPP commences.

The effect of this provision is varied in relation to an adopted child by section 275, such that DAPP may still be paid in respect of an adopted child born prior to 1 January 2013 but placed with the adoptive parents of the child on or after 1 January 2013. The child must be under the age of 16 on the day of placement.

Multiple births

Centrelink must not make a payability determination that DAPP is payable to a person for a child if the child and another child are born in the same multiple birth event, and DAPP is already 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 are being cared for within different families, for example, as the result of their parents separating.

In the case of adopted children, where 2 or more children were adopted as part of the same multiple adoption, DAPP may only ever be payable in respect of 1 of the children adopted as part of the same multiple adoption.

DAPP is already payable to the person or another person

Centrelink must not make a payability determination that DAPP is payable to a person if there is in force another payability determination that DAPP is either payable to the person for the child, or that DAPP is payable to another person for the child.

There are some exceptions to this requirement. A person may be paid DAPP for the child, despite a first person already having received the payment. This may happen where the person:

  • is an adoptive parent of the child,
  • is the partner of an adoptive parent of the child under prescribed circumstances (2.3.7),
  • is the partner of a child's primary carer in prescribed circumstances (2.3.7), or
  • is a person caring for a child born because of a surrogacy arrangement in prescribed circumstances (2.3.7).

For example, DAPP may be payable to both the birth mother's partner and the partner of the adopting parent.

Act reference: PPLAct section 6 The Dictionary, Part 3A-1 Division 2 When dad and partner pay is payable to a person, Part 3A-2 Division 3 When the Secretary cannot make a determination that dad and partner pay is payable, section 275 How this Act applies to an adopted child

PPL Rules rule 3A.1 Dad and partner pay is already payable to the person etc.

Policy reference: PPL Guide 2.1 Differences between PLP and DAPP, 2.3 DAPP Eligibility, 2.3.7 Who Can Claim DAPP, 2.3.9 DAPP Claim Interactions with Other PLP or DAPP Claims, 5.1 Claims for DAPP

Last reviewed: 1 July 2016