The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

4.3.8.10 Required to pay instalment of PLP after start of continuous flexible period

Introduction

Centrelink or an employer (the payer) may become required to pay an instalment after the start of a person's continuous flexible period (1.1.C.145) where one or more instalment periods would have been payable to the person by the payer from the start of the person's continuous flexible period if the payer had been required to pay instalments from the start of the continuous flexible period.

This situation could occur, for example, where a person claims PLP and verifies the birth of their child (1.1.V.10) on day 28 after the birth, and a week later Centrelink makes a payability determination and the person's continuous flexible period starts from the DOB. In these circumstances, the earlier instalments that would have been payable, are taken to have become payable on the respective paydays for the instalments, and Centrelink or the employer must pay the instalments as soon as practicable after the pay day.

Example: Andrew lodges a pre-birth claim for PLP in December for 90 flexible PPL days to be taken in a continuous block of consecutive weekdays from the DOB. Andrew is found initially eligible for the days claimed and an employer determination is made in relation to his continuous flexible period. Danielle is born on 1 February, and proof of birth is provided to Centrelink on 28 February. Centrelink processes the proof of birth and determines on 7 March that Andrew is payable for the flexible PPL days claimed. Andrew's continuous flexible period commences on 1 February and his first pay day includes instalments from the start of their continuous flexible period.

Act reference: PPLAct section 91 Effect of the Secretary or employer becoming required to pay instalments after start of continuous flexible period, section 96 Paying instalments on a particular day—complying with obligation

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