1.1.W.40 Work test period
For the purposes of PLP, a primary claimant's work test period is the 392 days (which is broadly equivalent to 13 months) immediately before a specified date that is either the expected or actual DOB of the child (or the date that the child enters care).
If the work test is being assessed prior to the birth of the child for the purposes of an initial eligibility determination, the claimant's work test period is the 392 days immediately prior to the expected DOB of the child.
If the work test is being assessed after the DOB of the child, the claimant's work test period is the 392 days immediately before the DOB if the child is born on or before the expected DOB.
If the work test is being assessed after the DOB, the claimant's work test period is the 392 days immediately before the DOB if the child is born after the expected DOB. However, if a claimant does not satisfy the work test because her child was born late, the 392 days immediately before the expected DOB may be used for the work test period. This is to provide the most flexible work test options where the claimant has left work and the baby is born late.
Example: A woman who leaves work 4 months before the expected DOB, having thought she had met the work test, may no longer be eligible if the baby is born 2 weeks after the expected DOB. If the woman lodges her claim after the birth, the work test period is based on the actual date of birth. If she does not satisfy the test using this work test period, a work test period based on the expected DOB may be applied.
For a birth mother who does not meet the work test in the applicable period described above because they ceased work due to hazards connected to their work that posed a risk to their pregnancy, the work test period will be the 392 days prior to the day the claimant is no longer performing work in the hazardous job (188.8.131.52).
The work test period for a secondary claimant is the 392-day period immediately before the day the person will become or becomes the child's primary carer or, in relation to an adopted child, the day the child is placed during the process of adoption.
For the purposes of DAPP, the work test period is the 392 days immediately before the claimant's nominated start date.
Act reference: PPLAct section 6 The Dictionary, section 31 When a person is eligible for PLP, section 33 The work test period (PLP), section 115CC When a DAPP claimant satisfies the work test, section 115CD The work test period (DAPP)