The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. TheĀ 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.

2.1.3 Other differences between PLP & DAPP

Transfer of payment

Unused PLP can be transferred from an eligible primary claimant to an eligible secondary claimant. In limited circumstances, unused PLP may be transferred to an eligible tertiary claimant.

DAPP cannot be transferred from the claimant to another person.

Act reference: PPLAct Part 2-2 Division 2 Determinations about whether PLP is payable to a person ā€¦

Keeping in touch or working for a permissible purpose provisions

A PLP recipient who is an employee may keep in touch (1.1.K.10) with their workplace for up to 10 days before they return to work, without losing their eligibility for PLP. Work performed must be for a permissible purpose (1.1.P.140)

A PLP recipient who is self-employed may oversee their business and perform the occasional administrative task before they return to work, without losing their eligibility for PLP.

The PPLAct does not provide any keeping in touch provisions for DAPP recipients who are employees.

A DAPP recipient who is self-employed may oversee their business and perform the occasional administrative task during their DAPP period without losing their eligibility.

Act reference: PPLAct Part 2-3 Division 7 Return to work (PLP), Part 3A-3 Division 7 Not working (DAPP)

Family tax benefit

The rate of FTB Part B a person or their partner is eligible to receive is nil for any day they or their partner are eligible to receive PLP.

An eligible person or their partner can continue to receive a rate of FTB Part B higher than nil during a DAPP period.

Note: If a person's DAPP period is in their partner's PPL period or on a flexible PPL day there would be a nil entitlement to FTB Part B.

Act reference: FAAct Schedule 1 clause 28C Paid parental leave

PPL period, flexible PPL days & DAPP period

For children born on or after 1 July 2020, PLP consists of 2 components of up to 18 weeks:

  • a PPL period of up to 12 weeks (60 payable days), and
  • up to 30 flexible PPL days.

A primary claimant's PPL period of up to 12 weeks (60 week days) must be taken within the period from the DOB or adoption (or the date the child entered the person's care for a primary claimant in exceptional circumstances) and the day before the child's first birthday or the first anniversary of the day the child entered care as part of the process of adoption (or the day before the first anniversary of the child entering care for a primary claimant in exceptional circumstances).

A PPL period must be taken in one continuous period and cannot be split over the year.

The PPL period cannot be backdated, unless the primary claimant lodges their claim and birth verification (or proof of placement) (1.1.V.10) within 28 days of the birth or adoption (or the date the child entered the person's primary care for a primary claimant in exceptional circumstances). If the claim and birth verification are lodged within 28 days of the birth, the PPL period can be backdated to start from the DOB.

If an individual lodges a claim outside of the 28 days of the birth or adoption, their PPL period cannot be backdated to the DOB or adoption. The earliest possible start date would be the date of claim, if the claim (including proof of birth) and eligibility requirements are met.

To receive the full 12-week PPL period, a person must, within 40 weeks of the birth or adoption:

  • lodge their claim, and
  • provide proof of the child's birth or entry into care, and
  • have a nominated start date within 40 weeks of birth or adoption.

A person who claims a PPL period less than 12 weeks before the child's first birthday or first anniversary of the day of the child's placement, can only be eligible for a PPL period for the number of days remaining before the first birthday or the first anniversary of the child's placement.

A primary claimant's flexible PPL of up to 30 days (including weekdays and weekends) must be taken after a PPL period ends (if applicable) and the day before the child's second birthday or second anniversary of adoption to care. Eligibility for a flexible PPL day is not affected by a return to work, however, a person must not be performing paid work on that day, unless it is for a permissible purpose.

To be eligible for a flexible PPL day, a primary claimant must make an initial claim for PLP within the first 12 months after the birth or adoption of the child.

A continuous PPL period of 18 weeks (90 payable days) can be taken, which includes a continuous flexible PPL period connected to the PPL period.

For DAPP, the claimant's DAPP period must be within the period from the DOB or adoption (or the date the child entered care) and the day before the child's first birthday or the first anniversary of the child entering care as a part of the process of adoption. To receive the full 2 weeks of DAPP a person must nominate their DAPP period to start no later than 2 weeks before the day before the child's first birthday or the first anniversary of the child's placement for adoption. A claim for DAPP can be made up to the day before the child's first birthday or the first anniversary of the day the child entered the person's care.

A DAPP period may be backdated to any time within the DAPP claim period.

DAPP must be taken in one continuous 2 week block and cannot be split over a number of weeks.

Act reference: PPLAct section 11 The determination must specify the person's PPL period, section 11D Flexible PPL day and flexible PPL period, section 6A When a person has a continuous PPL period and the person's continuous flexible period, section 115AE The determination must specify the person's DAPP period

PPL Rules

Policy reference: PPL Guide 6.2.2 Payability determinations for PLP, 6.2.3 Payability determinations for flexible PPL, 6.3.2 Payability determinations for DAPP

Last reviewed: