1.1.T.60 Tertiary 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 tertiary claim may only be made by a person who satisfies the circumstances prescribed by the PPL Rules as being exceptional circumstances in which a tertiary claim can be made.
The circumstances for a tertiary claim are as follows:
- 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
- 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, and
- if the person has previously been the primary claimant for the child - either
- the secondary claimant had care of the child in exceptional circumstances and those circumstances have ceased to apply, or
- the secondary 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 has not previously been the primary claimant for the child - either
- the primary claimant and the secondary claimant 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 and secondary claimant 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 situation, it is in the interests of the child for the person to care for the child.
The 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.
Act reference: PPLAct section 6 The Dictionary, 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
PPL Rules Part 1 section 6 Definitions, Part 2 Eligibility for PLP, Part 3 Claims for PLP
Policy reference: PPL Guide 22.214.171.124 Tertiary claims/tertiary claimants for PLP