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.

1.1.W.40 Work test period

Definition

For the purposes of PLP, a person's work test period is usually the 392 days (which is broadly equivalent to 13 months) immediately before a specified date that is either the expected or actual DOB of the child (or the date that the child enters care).

If the work test is being assessed prior to the birth of the child for the purposes of an initial eligibility determination (1.1.I.70), the person's work test period is the 392 days immediately prior to the expected DOB of the child.

If the work test is being assessed after the DOB of the child, the person's work test period is the 392 days immediately before the DOB if the child is born on or before the expected DOB.

If the work test is being assessed after the DOB, the person's work test period is the 392 days immediately before the DOB if the child is born after the expected DOB. However, if a person does not satisfy the work test because the child was born late, the 392 days immediately before the expected DOB may be used for the work test period. This is to provide the most flexible work test options where the person has left work and the baby is born late.

Example: A birth mother who leaves work 3 months before the expected DOB, having thought they had met the work test, may no longer be eligible if the baby is born 2 weeks after the expected DOB. If the birth mother lodges a claim after the birth, the work test period is based on the actual date of birth. If the birth mother does not satisfy the test using this work test period, a work test period based on the expected DOB may be applied.

For a birth mother who does not meet the work test in the applicable period described above because they ceased work due to hazards connected to their work that posed a risk to their pregnancy, the work test period will be the 392 days prior to the day the claimant is no longer performing work in the hazardous job (2.2.3).

COVID-19 affected claimants

PLP

For the purposes of making an initial eligibility determination in relation to a claimant who is a COVID-19 affected claimant (1.1.C.165), the work test period is the 600 day period prior to the expected DOB or adoption.

For the purposes of making an eligibility determination in relation to a claimant who is a COVID-19 affected claimant, the work test period is the 600 day period prior to the child's actual DOB or placement for adoption. If the person is unable to meet the work test based on the actual date of DOB or placement of the adoption, and the child was born or placed after the expected DOB or placement, the work test period is the 600 day period prior to the expected DOB or placement.

Act reference: PPLAct section 6 The Dictionary, section 31AB When a person is not eligible for PLP on a flexible PPL day for a child, section 33 The work test period—claimants other than COVID-19 affected claimants, section 33A The work test period-COVID-19 affected claimants

Policy reference: PPL Guide 2.2 PPL scheme work test for PLP, 2.2.3 Hazardous jobs for PLP, 2.2.4 Work test period for COVID-19 affected claimants for PLP

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