1.1.P.240 Primary claim

Definition

There are 3 types of PLP claims: a primary claim, a secondary claim and a tertiary claim.

Centrelink cannot make a determination that PLP is payable to a person for a child unless a person has made an effective primary claim, an effective secondary claim or an effective tertiary claim. Only a natural person can make a claim.

A primary claim is a claim in the form approved by Centrelink for primary claims and must contain any information required by Centrelink, and be accompanied by any documents required by Centrelink.

Only the following people can make an effective primary claim for PLP for a child:

• the child' birth mother
• an adoptive parent of the child, or
• a person who satisfies the circumstances prescribed by the PPL Rules as being exceptional circumstances in which a primary claim can be made.

The exceptional circumstances that a person must satisfy to lodge an effective primary claim under the PPL Rules are as follows for claimants who are not a parent or a partner of a parent of the child:

• the child is in the care of the person , and has been or is likely to be in that care for a continuous period of at least 26 weeks, and
• the person became, or is likely to become, the child's primary carer before the child's first birthday or, for an adopted child, before the first anniversary of the day of placement of the child, and
• the birth mother or adoptive parent or parents of the child are incapable of caring for the child (1.1.I.05) and are likely to be incapable of caring for the child for a continuous period of at least 26 weeks , or
• Centrelink is satisfied on reasonable grounds that
  • the person became the primary carer of the child in special circumstances, and
  • it would be unreasonable for the birth mother, or adoptive parent or parents, of the child to care for the child, and
  • taking into account the arrangements of the child's care with the person in comparison with those in the child's previous family situation, it is in the interests of the child for the person to care for the child.

A person who is not a parent or a partner of a parent of the child may lodge a primary claim in exceptional circumstances under the PPL Rules if, in addition to meeting the criteria outlined above, the following circumstances are satisfied:

• the partner of the birth mother or the adoptive parent or parents is incapable of caring for the child
• on the day the child came into the care of the person, the child was not entrusted to the care of the person or their partner under a decision made by a child protection agency of a state or territory, or a court of a state or territory, under legislation of that state or territory dealing with child protection
• Centrelink is satisfied on reasonable grounds that
  • the person became the primary carer of the child in special circumstances, and
  • it would be unreasonable for the partner of the child's birth mother, or the partner of the child's adoptive parent or parents, to care for the child, and
  • taking into account the arrangements of the child's care with the person in comparison with those in the child's previous family situation, it is in the interests of the child for the person to care for the child.

A person who is a primary carer of a child born because of a surrogacy arrangement (1.1.S.100) may lodge a primary claim in exceptional circumstances under the PPL Rules if:

• the child is in the care of the person and has been, or is likely to be, in that care for a continuous period of at least 26 weeks, and
• the person became, or is likely to become, the child's primary carer before the child's first birthday, and
• Centrelink is satisfied on reasonable grounds that it is in the interests of the child for the person to care for the child, taking into account
  • whether the person intends to be the long-term primary carer of the child, and
  • whether the child's birth mother has relinquished care, and
  • any other matter Centrelink considers relevant.

Matters to consider when working out whether the child was born because of a surrogacy arrangement include:

• whether the child was born as a result of a surrogacy arrangement (however described) that meets the requirements of the law of a state or territory that applies in relation to the surrogacy arrangement; and
• whether a court has made an order under a law of a state or territory prescribed under section 60HB of the Family Law Act 1975 relating to who is a parent of the child.