2.1 PLP eligibility overview

Introduction

A claimant must meet the eligibility requirements to be eligible for PLP.

Note: A person cannot be eligible for a flexible PPL day that exceeds their maximum PLP entitlement (2.9).

PPL claimant - core requirements

A person who is a parent or partner of a parent of a newborn child may be eligible as a PPL claimant for PLP, if:

• they satisfy the work, income and residency tests
• they are caring for a newborn or recently adopted child
• they are performing no more than an hour of paid work on the flexible PPL day
• they have not exceeded their maximum entitlement and the maximum entitlement for the child has not been exceeded, and
• they are not subject to the NARWP (SS Guide 1.1.N.70) (Note: The NARWP for PLP applies to people granted a permanent visa or relevant temporary visa on or after 1 January 2019. The NARWP for PLP does not apply to a person in respect of a child who is born or adopted either before 1 January 2019 or in the 6 months from 1 January 2019 to 30 June 2019. There are a range of other exemptions and situations where the NARWP does not apply (2.4.3)).

Birth mother PPL claimants - exceptions & additions to the core requirements

A birth mother who is unable to meet the work test may be eligible as a PPL claimant for PLP, if:

• they meet all the core PPL claimant requirements above (except the work test), and
  • the child was born prematurely, or
  • while the birth mother was pregnant they had complications or illness related to the pregnancy which prevented them working, and
• Centrelink is satisfied that the birth mother would have satisfied the work test had the circumstances not existed.

A birth mother who relinquishes their child in a surrogacy or adoption arrangement, or a birth mother whose child was removed from their care by a state or territory child protection agency or in accordance with a decision of a court of a state or territory, may be an eligible PPL claimant for PLP if they meet the core PPL claimant requirements above, with the exception of the requirement to be caring for the child.

Note: A birth mother who would have relinquished care of their child if not for the stillbirth or death of the child, is still eligible for PLP on a day if they have performed more than one hour of paid work on that day.

For birth mothers who meet these conditions, PLP will only be payable in the first 20 weeks following the birth.

General PPL claimant exceptions & additions to the core requirements

A parent or partner of a parent of a newborn child may be eligible as a PPL claimant for PLP if they satisfy the core PPL claimant requirements with the following exceptions:

• they are not caring for the child because
  • they are temporarily unable to care (1.1.T.50) for their child, or
  • they have lost care of their child (1.1.L.30) without their consent
• they do not meet the requirement to be performing no more than one hour of paid work on the day, because
  • their child was in hospital following birth because the child was born prematurely or developed a complication or illness during the period of gestation, at birth or following birth
  • they have lost care of their child without their consent
  • they are a defence force member or a law enforcement officer and they have been compulsorily recalled to duty (1.1.R.05)
  • they are performing paid work on a day because they have to comply with a summons or other compulsory process, or
  • they returned to work in response to a state, territory or national emergency and they are a health professional, emergency services worker or other essential worker (1.1.E.95)
• they do not meet the work test due to special circumstances and Centrelink is satisfied that they would have met the work test but for the special circumstances. 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
  • the person is affected by a severe medical condition that prevents them from performing paid work
  • the 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
  • the person is severely affected by a Commonwealth, state or territory declared natural disaster that prevents the person from performing paid work.

A claimant whose child is stillborn or dies may be eligible as a PPL claimant for PLP if they meet the core PPL claimant requirements above with the following exceptions:

• they would meet the requirement to be caring for the child except that their child was stillborn or has died, and
• they can be performing more than one hour of paid work on a day.

Note: The following people can only receive PLP for the number of days they have permission to claim:

• a parent of a child who is not the birth mother
• a subsequent claimant adoptive parent
• a partner of a parent of the child.

PPL claimant in exceptional circumstances - partner of the birth mother or initial claimant adoptive parent, or the other parent or their partner

A parent, or partner of a parent of the child can claim PLP as a PPL claimant in exceptional circumstances, if:

• the child is in their care and has been, or is likely to be, in that care for a continuous period of at least 26 weeks
• they became or are likely to become the primary carer of the child before the child's first birthday or before the first anniversary of the day of placement of the child for adoption, and
• either
  • the birth mother or the adoptive parents are incapable of caring for the child and have been or are likely to be incapable of caring for the child (1.1.I.05) 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
    • it would be unreasonable for the birth mother or the adoptive parents of the child 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.

A parent or partner of a parent of the child may be eligible as a PPL claimant for PLP in exceptional circumstances if they satisfy the core PPL claimant requirements with the following exceptions:

• they are not caring for the child because
  • they are temporarily unable to care for the child, or
  • they have lost care of the child without their consent
• they do not meet the requirement not to be working on the day because they
  • have lost care of the child without their consent
  • are a defence force member or a law enforcement officer and they have been compulsorily recalled to duty
  • have performed work because they have had to comply with the requirements of a summons or other compulsory process to give evidence or information, or produce documents or other things, or
  • returned to work in response to a state, territory or national emergency and they are a health professional, emergency services worker or other essential worker.

PPL claimant in exceptional circumstances - no specified relationship with the child

A person who is not a parent, or partner of a parent of the child can claim PLP as a PPL claimant in exceptional circumstances, if:

• 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
• they became or is likely to become the primary carer of the child before the child's first birthday or before the first anniversary of the day of placement of the child for adoption, and
• either
  • the birth mother or if the child is adopted, the adoptive parents of the child 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
    • it would be unreasonable for the birth mother or if the child is adopted, the adoptive parents of the child 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, and
• the following apply
  • the partner of the birth mother or the partner of the adoptive parent/s of the child is incapable of caring for the child
  • on the day the child came into the care of the person, the child was not entrusted to the care of the person or the care of the person's partner under state or territory child protection legislation, and
  • Centrelink is satisfied on reasonable grounds that
    • the person became the primary carer of the child in special circumstances
    • it would be unreasonable for the partner of birth mother or of the adoptive parents of the child 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 for the person to care for the child.

A person who is not a parent, or partner of a parent of the child may be eligible as a primary claimant for PLP if they satisfy the core primary claimant requirements with the following exceptions:

• they are not caring for the child because
  • they are temporarily unable to care for the child, or
  • they have lost care of the child without their consent
• they do not meet the requirement not to be working on the day because they
  • have lost care of the child without their consent
  • are a defence force member or a law enforcement officer and they have been compulsorily recalled to duty
  • have performed work because they have had to comply with the requirements of a summons or other compulsory process to give evidence or information, or produce documents or other things, or
  • returned to work in response to a state, territory or national emergency and they are a health professional, emergency services worker or other essential worker.

PPL claimant in exceptional circumstances - surrogacy arrangements

A person who is the gaining parent of a child born because of a surrogacy arrangement may be eligible for PLP if they meet the core PPL claimant requirements above. They can claim PLP as a PPL claimant in exceptional circumstances, if:

• 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
• they became, or are likely to become, the child's primary carer before the child's first birthday, and
• Centrelink is satisfied that it is in the interests of the child for the person to care for the child, taking into account
  • whether the person intends to be the long term primary carer of the child
  • whether the birth mother has relinquished care of the child, and
  • any other relevant matter.

Matters to consider when working out whether the child was born because of a surrogacy arrangement include:

• whether the child was born as a result of a surrogacy arrangement (however described) that meets the requirements of the law of a state or territory that applies in relation to the surrogacy arrangement, and
• whether a court has made an order relating to who is a parent of the child.

Note: This requirement applies to every primary carer of a child who is born in a surrogacy arrangement who is a PPL claimant for PLP.

Special PPL claimant in exceptional circumstances – core requirements

A person who makes a special PPL claim in exceptional circumstances may be eligible for a flexible PPL day, if they:

• satisfy the residency test on the day
• are the primary carer of the child on the day
• are not performing more than one hour of paid work on the day, and
• are not subject to a NARWP on the day.

The following exceptions may apply to the above special PPL claimant in exceptional circumstances requirements:

• they are not the primary carer of the child because
  • they are temporarily unable to care for the child, or
  • they have lost care of the child without their consent
• they do not meet the requirement not to be working on the day because they
  • have lost care of the child without their consent
  • are a defence force member or a law enforcement officer and they have been compulsorily recalled to duty
  • have performed work because they have had to comply with the requirements of a summons or other compulsory process to give evidence or information, or produce documents or other things, or
  • returned to work in response to a state, territory or national emergency and they are a health professional, emergency services worker or other essential worker.

Special PPL claimant in exceptional circumstances - partner of the birth mother or adoptive parent, or the other parent or their partner

A person can claim PLP as a special PPL claimant in exceptional circumstances, if:

• they are
  • the partner of the birth mother or an adoptive parent of the child
  • a parent of the child that is not the birth mother, or
  • the partner of the parent of the child that is not the birth mother
• 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
• they became or are likely to become the primary carer of the child before the child's first birthday or before the first anniversary of the day of placement of the child for adoption
• on the day the child came into the care of the person, the child was not entrusted to the care of the person or their partner under a decision by a child protection agency, or by a court of a state or territory, under a law dealing with child protection, and
• the birth mother or adoptive parent/s (as relevant) is incapable of caring for the child and has been, or is likely to be, incapable of caring for the child for a continuous period of at least 26 weeks.

Special PPL claimant in exceptional circumstances – other people

A person can claim PLP as a special PPL claimant in exceptional circumstances, if:

• 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
• they became or are likely to become the primary carer of the child before the child's first birthday or before the first anniversary of the day of placement of the child for adoption
• on the day the child came into the care of the person, the child was not entrusted to the care of the person or their partner under a decision by a child protection agency, or by a court of a state or territory, under a law dealing with child protection, and
• either
  • the birth mother and their partner (if any), adoptive parent and their partner (if any) or PPL claimant in exceptional circumstances (as relevant) 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 that
    • the person became the primary carer in special circumstances
    • it would be unreasonable for the birth mother and their partner (if any), adoptive parent and their partner (if any) or PPL claimant in exceptional circumstances (as relevant) 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 pervious family situation, it is in the interests of the child for the person to care for the child.

Special PPL claimant in exceptional circumstances – previous PPL claimant

A person can claim PLP as a special PPL claimant in exceptional circumstances, if:

• the person has previously been a PPL claimant for the child
• 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
• they became or are likely to become the primary carer of the child before the child's first birthday or before the first anniversary of the day of placement of the child for adoption
• on the day the child came into the care of the person, the child was not entrusted to the care of the person or their partner under a decision by a child protection agency, or by a court of a state or territory, under a law dealing with child protection, and
• either
  • another person was a PPL claimant or special PPL claimant for the child in exceptional circumstances and those circumstances have ceased to apply, or
  • another person was a PPL claimant or special PPL claimant for the child in exceptional circumstances is incapable of caring for the child and has been, or is likely to be, incapable of caring for the child for a continuous period of at least 26 weeks.

Special PPL claimant in exceptional circumstances – where there has been a previous special PPL claimant in exceptional circumstances

A person can claim PLP as a special PPL claimant in exceptional circumstances, if:

• 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
• they became or are likely to become the primary carer of the child before the child's first birthday or before the first anniversary of the day of placement of the child for adoption
• on the day the child came into the care of the person, the child was not entrusted to the care of the person or their partner under a decision by a child protection agency, or by a court of a state or territory, under a law dealing with child protection, and
• either
  • the previous special PPL claimant in exceptional circumstances is incapable of caring for the child and has been, or is likely to be, incapable of caring for the child for a continuous period of at least 26 weeks, or
  • Centrelink is satisfied that
    • the person became the primary carer of the child in special circumstances
    • it would be unreasonable for the previous special PPL claimant in exceptional circumstances 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 pervious family situation, it is in the interests of the child for the person to care for the child.

Note: An eligible adoptive parent, commissioning parent in a surrogacy or PPL claimant in exceptional circumstances may receive the full 20 weeks of PLP even where PLP is being paid or has already been paid to another eligible person (for example, the birth mother).

Note: Claimants can receive PLP concurrently with employer-provided paid leave (for example, recreation leave, employer provided parental leave) and unpaid parental leave.

Note: Newly arrived residents are exempt from the NARWP if they have a baby (or adopt a child) before 1 January 2019 or between 1 January and 30 June 2019. There are a number of other exemptions to the NARWP (2.4.3).