1.1.M.20 Maximum PPL period, maximum PPL period start day, maximum PPL period end day
A determination that PLP is payable to a person in relation to a maximum PPL period for a child must specify in the determination the period for which PLP is payable. This period is the person's 'PPL period' (1.1.P.200). The person's PPL period must be the same as, or within, the maximum PPL period for the child.
The 'maximum PPL period' for the child is established only by a primary claim in which the claimant must nominate a start date from which amounts of PLP may potentially be available to the primary, and, if applicable, subsequent secondary or tertiary, claimants.
The maximum PPL period for a child is the period that starts on the maximum PPL period start day, and ends on the maximum PPL period end day.
The 'maximum PPL period start day' for a child depends upon whether or not various things have happened by the 'relevant day', that is, the day that is 28 days after the birth of the child. If:
- Both an effective primary claim was made and the child's birth was verified by the primary claimant on or before the relevant day, the start day can be the date of the child's birth, or a later date nominated by the primary claimant.
- An effective primary claim is made on or before the relevant day, but the child's birth is not verified by this day, the start day can be the later of the date upon which the birth was verified, or the nominated start date.
- An effective primary claim is made after the relevant day, then the start day can be the later of the day the claim is made or the primary claimant's nominated start day.
The 'maximum PPL period end day' for a child depends upon whether there are 83 days remaining after the maximum PPL period start day before either the child's first birthday or the first anniversary of the child's placement for adoption. If there are 83 days (which is 12 weeks from that start day, once the start day is included) remaining, then the end day will be the day that is 83 days after the start day, that is, the full 12 weeks. If not, the maximum PPL period will end on the day before the child's first birthday or the first anniversary of the date of the child's placement for adoption. In this case, a full 12 weeks of PLP cannot be paid to the claimant.
Note: Depending on the date of the child's birth, the 'relevant day' (28 days after birth of the child) may fall on a weekend or a public holiday. In these situations, the relevant day will be the next working day after the weekend or public holiday.
Act reference: PPLAct section 11 The determination must specify the person's PPL period
Acts Interpretation Act 1901 section 36 Calculating time
Policy reference: PPL Guide 6.2.2 Payability determinations for PLP