1.1.W.30 Work test
For the purposes of PLP, the work test applies by reference to qualifying work (1.1.Q.20) performed prior to the claimant becoming the primary carer of their child. For the birth mother or the initial primary carer of an adopted child, this will be the period immediately before the birth of the child or immediately before the child entered the person's care as a part of the process of adoption.
If the claimant is a birth mother who has given birth on or after 1 January 2020, and has ceased work due to hazards connected with her work that pose or posed a risk to her pregnancy, the work test qualifying period applies to the period immediately before the day the person was no longer performing work in the hazardous job (126.96.36.199) .
For the purposes of DAPP the work test applies by reference to work performed prior to the start of the DAPP period.
PPLAct section 32 sets out a method statement for working out whether a person satisfies the work test on a day.
Step 1 requires working out the person's 392 day work test period (1.1.W.40).
Step 2 requires working out the days in the work test period on which the person has and has not performed qualifying work.
Step 3 requires working out whether any days on which the person has not performed qualifying work during the work test period fall within a permissible break (1.1.P.130).
Step 4 requires working out whether there is a period (a 'qualifying period') (1.1.Q.10) of 295 days (or approximately 10 months) in the work test period that are days on which the person has performed qualifying work, or that fall within a permissible break.
Step 5 provides that if the person has performed at least 330 hours of qualifying work in the qualifying period then the person satisfies the work test.
For the purposes of PLP, there is an alternative way of meeting the work test for a person who is a birth mother. Centrelink may determine that the person has met the work test if:
- the person's child was born prematurely, or
- while the person was pregnant with the child, the person had complications or illness related to the pregnancy which prevented the person from performing paid work, and
- Centrelink is satisfied that the person would have satisfied the work test on the day in accordance with section 32 (the work test), if one or both of these circumstances had not existed.
For the purposes of DAPP, there is an alternative way of meeting the work test. The DAPP claimant may also satisfy the work test if Centrelink is satisfied that the child was born prematurely and is satisfied that the child was born prematurely and that the DAPP claimant would have satisfied the work test if the child had not been born prematurely.
A PLP claimant may also satisfy the work test on a day if Centrelink is satisfied that the PLP claimant is eligible for DAPP for the child.
A DAPP claimant may also satisfy the work test on a day if Centrelink is satisfied that the DAPP claimant is eligible for PLP for the child.
Act reference: PPLAct section 6 The Dictionary, section 31 When a person is eligible for PLP on a day other than a flexible PPL day for a child, section 32 When a person satisfies the work test (PLP), section 33(2A) This subsection applies in relation to a primary claimant …, section 36A Premature birth or pregnancy-related complications or illness (PLP), section 36B Claimant for PLP who is already eligible for DAPP, section 115CB When a DAPP claimant is eligible for DAPP, section 115CC When a DAPP claimant satisfies the work test, section 115CE Premature birth (DAPP), section 115CF DAPP claimant who is already eligible for PLP
Policy reference: PPL Guide 2.2.2 PPL scheme work test for PLP