1.1.E.10 Effective claim
Definition
For the purposes of PLP, Centrelink cannot make a payability determination on a claim unless it is an effective claim.
An effective claim for PLP means a claim that is made in accordance with the PPLAct Part 2-4.
A PLP claim (incorporating both PPL and special PPL claims) is only effective if it is made by a person who can make a PPL or special PPL claim (section 54) and:
- it meets the requirements for that type of claim (section 56)
- if it is a PPL claim made before the birth, it contains information about the child's expected DOB (section 58)
- it contains the claimant's TFN statement (section 59)
- if the claim is made before the birth of the child, it is made no earlier than 97 days before the expected date of birth (section 60)
- it specifies one or more days being claimed (subsection 57A(1))
- the days specified occur before the child's second birthday, if an effective claim for PLP has been made before the child's first birthday, otherwise before the child's first birthday (section 60), and
- if the person requires permission to make claims, that permission has been provided and has not been revoked (section 59A).
A special PPL claim can only be determined if there has been a payability determination made in relation to an effective PPL claim for the child (section 14).
If the claim is not effective, it is taken not to have been made. The decision that the claim is not effective can be reviewed. If the claimant still wants to test their eligibility, a new claim must be made.