9.1.2 Claims for PLP in Exceptional Circumstances

Introduction

This section explains how the PPLAct applies to claims for PLP in exceptional circumstances, as prescribed by the PPL Rules.

A claim is taken to be a claim made in exceptional circumstances (1.1.E.100) when the claim for PLP is made in circumstances prescribed as exceptional by the PPL Rules. These circumstances generally relate to an unexpected change of primary carer for the child, for example, as the result of a death or serious illness of a parent of the child. The unexpected change may allow a person to make a primary, secondary or tertiary claim, and be eligible as a primary, secondary or tertiary claimant, depending upon the eligibility criteria as prescribed by the PPL Rules.

Note: A PLP primary claimant in exceptional circumstances must satisfy the work test, the income test and the Australian residency test in addition to the conditions prescribed by the PPL Rules subdivision 2.3.1.1.

For a claim made in exceptional circumstances, the legislation applies as if a reference to:

  • the birth of a child were a reference to the claimant becoming the child's primary carer,
  • the day the child was born were a reference to the day the claimant became the child's primary carer,
  • the expected DOB of the child were a reference to the day the claimant expects to become the child's primary carer,
  • a child's first birthday were a reference to the first anniversary of the day the claimant became the child's primary carer,
  • a completed birth verification form for a child were a reference to information required by the Centrelink about the claimant becoming the child's primary carer, and
  • a child being born during the same multiple birth were a reference to the claimant becoming the primary carer of the child at the same time as becoming the primary carer of another child.

Note: PPLAct subsection 18(3), which deals with birth registration, is excluded from the effect of section 276 so that a PLP claimant in exceptional circumstances MAY still be required to comply with the requirements of that subsection by registering the birth.

Act reference: PPLAct section 276 How this Act applies to claims made in exceptional circumstances

Paid Parental Leave Rules 2010 Part 2-3 Eligibility for PLP, Part 2-4 Division 2.4.1 Claims for PLP

Last reviewed: 3 July 2017