9.1.3.10 PLP Claim - Child Stillborn or Dies

Introduction

If a claim is made for PLP for a child, and, before or after the claim is made, the child is stillborn or dies, then a reference in the PPLAct (other than sections 31 and 47) to the claimant becoming or being the child's primary carer is taken to be a reference to the person who would have become or been the child's primary carer, had the child not been stillborn or died (section 277).

This means that a claim, including:

  • a claim where the birth mother would have, or has, relinquished the child, or
  • a claim made in exceptional circumstances under the PPL Rules,

can be made by a claimant for a child who was stillborn or who has died, and the claimant can correctly establish eligibility.

Claimant eligibility - not exceptional circumstances

If the claim is made in ordinary circumstances, the claimant is eligible for PLP in respect of a deceased or stillborn child on a day if on that day they meet all eligibility requirements, disregarding the requirement that they be the primary carer of the child, and that they not have returned to work. They must establish that they would have been the child's primary carer on that day had the child not been stillborn or died (subsection 31(3)).

Exceptional circumstances eligibility

Where the claim is made in exceptional circumstances, the claimant must meet the eligibility requirements established by the PPLAct and PPL Rules for the type of claim.

Any reference to the claimant providing primary care under the PPL Rules should also be taken to be a reference to a person who would have been the child's primary carer in the exceptional circumstances, if the child had not been stillborn or died.

Birth mother eligibility - child to be relinquished but stillborn

The PPL Rules provide that where a child is stillborn and, had the child not been stillborn, the birth mother would have relinquished her child:

  • for adoption, or
  • because of a surrogacy arrangement, or
  • because of a court order which provides for a person or persons other than the birth mother to care for the child,

the birth mother may be eligible for parental leave pay, subject to meeting the eligibility conditions other than those relating to being the primary carer of the child and not having returned to work.

Birth mother eligibility - child to be relinquished but dies

The PPL Rules provide that where a child has died on a day within 18 weeks of birth and the birth mother relinquished or, had the child not died, would have relinquished her child:

  • for adoption, or
  • because of a surrogacy arrangement, or
  • because the child was removed from the person's care by a state or territory Child Protection Agency

the birth mother may be eligible for PLP, subject to meeting the eligibility conditions other than those relating to being the primary carer of the child and not having returned to work.

Act reference: PPLAct section 277 Primary carers when a child is stillborn or dies

PPL Rules Part 2-3 Eligibility for PLP

Policy reference: PPL Guide 2.2.10.50 Primary Claimant for PLP in Exceptional Circumstances - Any Other Person, 2.2.11.20 Secondary Claimant for PLP in Exceptional Circumstances-Any Other Person, 2.2.12 Who is a Tertiary Claimant for PLP?

Last reviewed: 3 July 2017