2.1.1 Eligibility differences between PLP & DAPP

Who can claim?

To be eligible to claim PLP a person must be:

  • a birth mother, including in cases of stillbirth, surrogacy and adoption
  • an adoptive parent who is the initial primary carer of the child
  • the commissioning parents in a surrogacy arrangement, or
  • a person who satisfies the circumstances prescribed by the PPL Rules.

To be eligible to claim DAPP a person must be:

  • a biological father of the child
  • the partner of the child's birth mother
  • an adoptive parent of the child, or
  • a person who satisfies the circumstances prescribed by the PPL Rules.

Act reference: PPLAct Part 2-4 Division 2 Claims for PLP, Part 3A-4 Division 2 Claims for DAPP

PPL Rules Part 3 Claims for PLP, Part 7 Claims for DAPP

Policy reference: PPL Guide 4.1.2 Types of claims & claimants for PLP, 5.1.1 DAPP claims & claimants

Work test

To be eligible for either payment a person must have worked for:

  • 295 days (approximately 10 months) of the 392 day (approximately 13 months) work test period, and
  • at least 330 hours in that 10 month period (just over 1 day a week) with no more than a 12-week (84 consecutive days) gap between 2 consecutive qualifying work days.

Note: For children born or entrusted to care as part of an adoption process prior to 1 January 2020, a break between 2 working days is permissible if it was less than 56 consecutive days (8 weeks).

The 392 day work test period is the period immediately before:

  • for a PLP primary claimant in most cases, the expected or actual DOB
  • for a PLP primary claimant who gives birth on or after 1 January 2020 and who ceased work because hazards connected to their work posed a risk to their pregnancy (2.2.2.10), the day the claimant is no longer performing work in the hazardous job
  • for a PLP secondary claimant in normal circumstances, the day they became the primary carer of the child
  • for a DAPP claimant, the nominated start date of their DAPP period.

Note: If the secretary is satisfied that a primary or secondary claimant meets the work test and income test requirements on the day a payability determination is made that a PPL period is not payable, then the claimant is conditionally eligible for a flexible PPL day for the child.

Act reference: PPLAct Part 2-3 Division 3 The work test, Part 3A-3 Division 3 Applying the work test to claimants for DAPP

Policy reference: PPL Guide 2.2.2 PPL scheme work test for PLP, 2.3.2 PPL scheme work test for DAPP

Income test

To be eligible for either payment a person must have an individual ATI (1.1.A.40) of $151,350 or less in the reference income year. The reference income year is the financial year immediately before:

  • for a PLP primary claimant, the earlier of the DOB or adoption, or the date of claim
  • for a PLP secondary claimant in normal circumstances, the earlier of the date of claim or the date they became the child's primary carer
  • for a DAPP claimant, the earlier of the nominated start date for their DAPP period and the date of claim.

Note: If Centrelink is satisfied that a primary or secondary claimant meets the work test and income test requirements on the day a payability determination is made that a PPL period is not payable, then the claimant is conditionally eligible for a flexible PPL day for the child.

Act reference: PPLAct Part 2-3 Division 4 The income test, Part 3A-3 Division 4 Applying the income test to claimants for DAPP

Policy reference: PPL Guide 2.2.3 PPL scheme income test for PLP, 2.3.3 PPL scheme income test for DAPP

Australian residency test

To be eligible for either payment, a person must meet the Australian residency test on each day eligibility needs to be established.

To be eligible for PLP (other than a flexible PPL day), a claimant must meet the residency test from the child's DOB (or entry into care) until the end of the PPL period.

To be eligible for PLP on a flexible PPL day, a claimant must satisfy the residency test on the flexible PPL day. In addition, the primary claimant must satisfy the residency test on the date of birth (or entry into care).

To be eligible for DAPP, a claimant must meet the residency test on each day of their DAPP period. For example, if the DAPP period starts when the child is 4 months old, then the claimant is not required to be a resident on the day the child was born or any day prior to the DAPP period.

Act reference: PPLAct Part 2-3 Division 5 The Australian residency test, Part 3A-3 Division 5 Applying the Australian residency test to claimants for DAPP

Policy reference: PPL Guide 2.2.4 PPL scheme Australian residency test & absences from Australia for PLP, 2.3.4 PPL scheme Australian residency test & absences from Australia for DAPP

NARWP

To be eligible for a PPL period, a primary claimant must not be subject to a NARWP or must have an exemption from the NARWP on each day from the child's DOB (or entry into care) until the end of their PPL period. Non-primary claimants must not be subject to a NARWP or must have an exemption from the NARWP, on each day from the day on which they become the primary carer of the child until the end of their PPL period.

To be eligible for PLP on a flexible PPL day, a primary claimant must not be subject to a NARWP on the day the child is born and on the flexible PPL day or have an exemption from the NARWP on those days. Secondary claimants must not be subject to a NARWP on the flexible PPL day or have an exemption from the NARWP on that day.

To be eligible for DAPP, a claimant must not be subject to the NARWP, or must have an exemption from the NARWP, on each day of the DAPP period.

Note: The NARWP applies to people granted a permanent visa or temporary partner 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 from the NARWP, and situations where a NARWP does not apply (2.2.4.30).

Act reference: PPLAct section 31(6) Not eligible-newly arrived resident's waiting period (PLP), section 31A Newly arrived resident's waiting period (PLP), section 31AA When a person is eligible for a PLP on a flexible PPL day for a child, section 115CB(9) Not eligible-newly arrived resident's waiting period (DAPP), section 115CBA Newly arrived resident's waiting period (DAPP)

PPL Rules Part 2 Division 2 Subdivision C Exemption to newly arrived resident's waiting period

Policy reference: PPL Guide 2.2.4.30 NARWP for PLP & DAPP

Caring

To be eligible for a PPL period or on a flexible PPL day, a primary, secondary or tertiary claimant must be the primary carer of the child.

To be eligible for DAPP, a claimant must be caring for a child. More than one person may be caring for the same child on any particular day, either as a primary carer or caring with another person.

Act reference: PPLAct Part 2-3 Division 6 Primary carer, Part 3A-3 Division 6 Caring for a child

Policy reference: PPL Guide 2.2.5 Who is a primary carer for PLP?, 2.3.5 Caring for a child for DAPP, 2.3.8 DAPP period

Not working

To be eligible for a PPL period, a primary claimant or secondary claimant must generally not be working between the time they become the primary carer of the child and the end of their PPL period.

Flexible PPL days can be taken any time after a PPL period ends (if applicable) but before the child turns two years old. The claimant may return to work any time during this period but cannot be working on days flexible PPL has been claimed.

A PPL period and flexible PPL days may be taken at the same time as employer-provided paid or unpaid leave.

To be eligible for DAPP a claimant must not be working during their DAPP period. In addition, the claimant must not be on paid leave during the DAPP period. The claimant may be on unpaid leave during the DAPP period.

There are several exemptions to the rule that a claimant must not be working, including:

  • cases of stillbirth, child death, or loss of care of the child without consent
  • defence force members or law enforcement officers that have been compulsorily recalled to duty
  • performing paid work in order to comply with a summons or other compulsory process, or
  • health professionals, emergency services workers or other essential workers (1.1.E.95) who return to work in response to a state, territory or national emergency.

Act reference: PPLAct Part 2-3 Division 2 When a person is eligible for PLP, section 31AA When a person in eligible for PLP on a flexible PPL day for a child

PPL Rules Part 2 Eligibility for PLP, Part 6 Eligibility for DAPP

Policy reference: PPL Guide 2.2.1.10 PLP core eligibility requirements, 2.3.6 Not working & not on paid leave for DAPP, 2.3.8 DAPP period, 2.2.2.25 Hazardous jobs for PLP

Last reviewed: 1 July 2021