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.I.70 Initial eligibility determination

Definition

An initial eligibility determination may be made in respect of a claim for PLP or DAPP if some, but not all of the eligibility criteria can be assessed at the time the claim is made. For example, initial eligibility determinations may be made on claims lodged prior to the birth or adoption, when proof of birth or entry into care cannot yet be provided and if it is not yet known if the person will have primary care of the child for PLP purposes, or care of the child for DAPP purposes.

For PLP primary claims in relation to the maximum PPL period for a child, an initial eligibility determination may be made if Centrelink is satisfied the claimant meets the:

  • work test, and
  • income test, and
  • Australian residency test.

For PLP secondary claims in relation to the maximum PPL period for a child, an initial eligibility determination may be made if Centrelink is satisfied the claimant:

  • meets the

    • work test, and
    • income test, and
    • Australian residency test, or
  • will satisfy those tests on the day the claimant becomes the primary carer.

For PLP claims relating to flexible PPL days for a child, an initial eligibility determination can be made if Centrelink is satisfied that:

  • the flexible PPL days for the child are specified in an effective primary claim or effective secondary claim made by another person, and
  • if no other initial eligibility determinations is in force in relation to the person and child - Centrelink is satisfied that the person satisfies the work test and income test when making the determination, and
  • if the person is a primary claimant - Centrelink is satisfied that the person satisfies the Australian residency test when making the determination.

For DAPP claims, an initial eligibility determination may be made if Centrelink is satisfied the claimant:

  • meets the

    • work test, and
    • income test, and
    • Australian residency test, or
  • will satisfy those tests on the day immediately before the person's nominated start date.

Act reference: PPLAct section 6 The Dictionary, section 26 Initial eligibility determinations in relation to the maximum PPL period for a child, section 26A Initial eligibility determinations relating to flexible PPL days for a child, section 115BL Initial eligibility determinations (DAPP)

Policy reference: PPL Guide 6.2.1 Initial eligibility determinations for PLP

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