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.E.60 Employer determination

Definition

Centrelink (1.1.C.20) is required to make an employer determination (that the person's employer is required to pay instalments of PLP) if Centrelink is satisfied of the following matters:

  • A payability determination that PLP is payable to the person or an initial eligibility determination for the person is in force in relation to the maximum PPL period for the child (1.1.M.20).
  • Instalments are likely, if the determination is made, to be payable by the employer to the person for at least 40 consecutive days that are week days, which may consist of PPL days (1.1.P.170) and flexible PPL days (1.1.F.70).
  • The person has been, or will have been, employed by the employer (or by the Commonwealth) for at least 12 months immediately before the expected DOB of the person's child where the person claims before the birth, or the later of the expected DOB and the day the child was born where the person claims after the birth.
  • The person is likely to be an Australian based employee of the employer for
    • the person's PPL period and continuous flexible period (1.1.C.145), if there is a payability determination in force for a PPL period for the person, and the person has a continuous PPL period for the child (1.1.C.147)
    • the person's PPL period, if there is a payability determination in force for a PPL period for the person, and the person does not have a continuous PPL period for the child
    • the person's expected PPL period (1.1.E.110) and continuous flexible period, if an initial eligibility determination for the person is in force in for a PPL period, and the person has a continuous PPL period for the child, or
    • the person's expected PPL period, if an initial eligibility determination for the person is in force for a PPL period and the person does not have a continuous PPL period for the child.
  • The employer has an ABN.
    • Exception: the requirement for an employer ABN does not apply to law enforcement officers (1.1.L.10), AFP officers (1.1.A.67) and defence force members (1.1.D.70).

Where more than one employer satisfies these requirements in relation to a person, Centrelink must make an employer determination for the employer nominated by the person.

In deciding whether to make an employer determination, Centrelink may assume that the state of affairs known at that time will remain unchanged.

Exception: From 1 October 2016, Centrelink must not make an employer determination where the person is receiving an income support payment.

Act reference: PPLAct section 101 Making employer determinations, section 278 How this Act applies to Commonwealth employment, section 299 Extension of Act to persons who are not employees and employers

PPL Rules Part 11 Extension of Act to persons who are not employees and employers

Policy reference: PPL Guide 6.1.1 Making employer determinations for PLP

Last reviewed: