1.1.S.20 Secondary claim
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 the 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 secondary claim may only be made by:
- the partner of a primary claimant
- a person who is a parent of the child and is not the primary claimant
- the partner of a person who is a parent of the child and not a primary claimant, or
- a person who satisfies the circumstances that are prescribed by the PPL Rules as being exceptional circumstances in which a secondary claim can be made.
A secondary claim may be made in the following exceptional circumstances:
- 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
- on the day the child came into the care of the person, the child was not entrusted to the care of the person, or to the care of the person's partner, under a decision by a child protection agency of a state or territory, or a court of a state or territory, under legislation dealing with child protection
- if the person is the partner of the primary claimant for the child - the primary claimant is incapable of caring for the child (1.1.I.05) and has been , or is likely to be, incapable of caring for the child for a continuous period of at least 26 weeks
- if the person is not the partner of the primary claimant for the child
- the primary claimant and the primary claimant's partner are incapable of caring for the child and have been, or 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 primary claimant or the primary claimant's partner to care for the child, and, taking into account the arrangements for the child's care with the person in comparison with those in the child's previous family, it is in the interests of the child for the person to care for the child.
A claim must be made in the form approved and the manner required by Centrelink for that type of claim, contain any information required by Centrelink, and be accompanied by any documents required by Centrelink. If a secondary claim for a PPL period is made before the day the secondary claimant expects to become the child's primary carer, the claim must specify the day the secondary claimant expects to become the child's primary carer.
Act reference: PPLAct section 6 The Dictionary, section 52 Who can claim, section 53 Types of claims, section 54 Who can make a primary claim, secondary claim or tertiary claim, section 55 When a claim is effective, section 56 Requirements of the claim, section 58 Expected date of birth and expected day of primary care
PPL Rules section 6 Definitions, Part 2 Eligibility for PLP, Part 3 Division 2 Claims for PLP
Policy reference: PPL Guide 184.108.40.206 Payability determination on primary & secondary claims for PLP in relation to the maximum PPL period for a child made jointly - PPL period to be shared, 220.127.116.11 Payability determination for primary & secondary claims for PLP in relation to the maximum PPL period for a child made jointly - secondary claimant to get all the PPL period, 18.104.22.168 Payability determination on secondary claims for flexible PPL