1.1.E.10 Effective claim

Definition

For the purposes of PLP and DAPP, Centrelink cannot make a payability determination on a claim unless it is an effective claim.

An effective claim for PLP in relation to a PPL period or for one or more flexible PPL days means a claim that is made in accordance with PPLAct Part 2-4.

An effective claim for DAPP means a claim that is made in accordance with PPLAct Part 3A-4.

A claim is only effective if it is made by the right person and:

  • it meets claim requirements for that type of claim (section 56 or section 115DF)
  • if it is a PLP primary claim in relation to a PPL period or a DAPP claim it includes a nominated start date (section 57 or section 115DG)
  • if it is a claim made before the birth, it contains information about the child's expected DOB for a PLP primary claim, or the date the claimant expects to become the primary carer for a PLP secondary claim (section 58)
  • if it is a DAPP claim made before birth it specifies the child's expected DOB, and if a DAPP claim made after the birth it specifies the child's actual DOB (section 115DH)
  • it contains the claimant's TFN statement (section 59 or section 115DJ)
  • if it is a claim for PLP in relation to a PPL period, it is made in the period starting 97 days before the expected DOB of the child and ending on the day before the child's first birthday (section 60(1) or section 115DG)
  • if it is a claim for PLP for one or more flexible PPL days , it is made in the period starting 97 days before the expected date of birth, and, if an effective claim for PLP has been made before the child's first birthday, ending on the day before the child's second birthday, otherwise ending the day before the child's first birthday (subsection 60(2)), and
  • if it is a claim for PLP for one or more flexible PPL days, it specifies the nominated flexible PPL days (section 57A(1)).

A PLP secondary claim in relation to a PPL period can only be determined if there has been an effective primary claim for PLP for the child (section 14, section15 or section 16).

A PLP tertiary claim can only be determined if there has been a payability determination made in relation to an effective secondary claim for PLP for the child (section 17 or section 17C).

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 lodged.

Act reference: PPLAct section 55 When a claim is effective (PLP), section 115DE When a claim is effective (DAPP)

Policy reference: PPL Guide 4.1.1 Effective claims for PLP (PPL period), 4.1.2 Types of claims & claimants for PLP, 4.1.11 Effective claims for PLP (flexible PPL), 5.1.1 DAPP claims & claimants

Last reviewed: 21 September 2020