10 Transitional arrangements
Under the PPL scheme that applied prior to the introduction of flexible PPL arrangements, eligible parents would be paid PLP in a single continuous block of up to 18 weeks, and would be required to claim before the child's first birthday or first anniversary of placement for adoption.
From 1 July 2020, changes to the PPL scheme were introduced giving parents (and other claimants in limited cases) flexibility to split their 18-week entitlement into 2 blocks:
- An initial period of up to 12 weeks called the PPL period (1.1.P.200). The rules relating to this period are the same as currently apply to the existing 18-week period - except that the period will be reduced in length.
- A flexible PPL period (1.1.F.80) in which flexible PPL days can be claimed. Eligible parents (and other claimants in limited circumstances) will be able to claim PLP for a maximum of 30 flexible PPL days whenever they like during the flexible PPL period, which usually starts after the PPL period ends and finishes before the child's second birthday or second anniversary of placement for adoption.
- As long as an effective claim for PLP in the PPL period has been made before the child's first birthday or first anniversary of placement for adoption, a person can claim for PLP on any flexible PPL day until the child's second birthday or anniversary of placement for adoption. A person can have periods of work in between payable flexible PPL days, unlike the PPL period which must be taken in a continuous block and any remaining PLP would be forfeited after a return to work during this period.
The changes to the PPL scheme do not apply in relation to a claim for PLP made before the commencement day of 1 July 2020. However, if the pre commencement claim is an effective claim and relates to a child born on or after the commencement day, the Secretary may determine that the pre commencement claim is to be taken, on and after the day on which the child is born, to be any one or more of the following as appropriate in all the circumstances:
- an effective claim for PLP in relation to the maximum PPL period for a child, and
- an effective claim for PLP for one or more flexible PPL days for a child, with the flexible PPL days to be determined by the secretary.
For example, a person who made a claim for PPL before 1 July 2020, with an expected date of birth post-1 July 2020, but whose child is then born before 1 July 2020, will be assessed under the pre-1 July 2020 legislation. The transitional provisions will ensure that such persons will receive their PLP entitlement under the pre-1 July 2020 provisions and receive a maximum PPL period of 18 weeks. If, however, the child was born on or after 1 July 2020, the claim will be assessed under the new transitional provisions where the Secretary may determine that the claim is an effective claim for a maximum PPL period of 12 weeks and an effective claim for 30 flexible PPL days. The Secretary could specify that the 30 flexible PPL days would start of the first week day after the PPL period, therefore determining that the person has a continuous PPL period of 18 weeks made up of a 12 week PPL period and 30 flexible PPL days paid as week days.
Act reference: PPLAct section 31 When a person is eligible for PLP on a day other than a flexible PPL day for a child, section 31AA When a person is eligible for PLP on a flexible PPL day for a child