The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

1.1.W.30 Work test

Definition

For the purposes of PLP, the work test applies by reference to qualifying work (1.1.Q.20) performed prior to the birth of the child or immediately before the child entered the adoptive parent'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 (2.2.3).

PPLAct section 32 sets out a method statement for working out whether a person satisfies the work test on a day.

Step Method statement
1 Work out the person's work test period (1.1.W.40) under:
  • section 33 for claimants other than COVID-19 affected claimants (1.1.C.165), or
  • section 33A for COVID-19 affected claimants.
2 Work out the days in the work test period on which the person has and has not performed qualifying work (1.1.Q.20).
3 Work 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).
4 Work out whether there is a period (a 'qualifying period') (1.1.Q.10) of 295 consecutive days in the work test period that are days:

(a) on which the person has performed qualifying work, or
(b) that fall within a permissible break.
5 If the person has performed at least 330 hours of qualifying work in the qualifying period, the person satisfies the work test.

There are several alternative ways of meeting the work test.

For the purposes of PLP, Centrelink may determine that a person who is a birth mother 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.

A claimant for PLP may also satisfy the work test if Centrelink is satisfied that:

  • special circumstances applied in relation to the person, and
  • the person would have satisfied the work test if those circumstances had not existed.

The special circumstances are the:

  • person is experiencing family and domestic violence, or is dealing with the impact of family and domestic violence, that prevents the person from performing paid work
  • person is affected by a severe medical condition that prevents them from performing paid work
  • person is caring for a family member who is affected by a severe medical condition and providing such care prevents the person from performing paid work, or
  • person is affected by a Commonwealth, state or territory declared natural disaster that prevents the person from performing paid work.

Act reference: PPLAct section 6 The Dictionary, section 32 When a person satisfies the work test, section 33(2A) This subsection applies in relation to a PPL claimant …, section 34 When a person performs qualifying work, section 36A Premature birth or pregnancy-related complications or illness, section 36AA Special circumstances

PPL Rules Part 2 Division 3 Matters relating to the work test

Policy reference: PPL Guide 2.2 PPL scheme work test for PLP

Last reviewed: