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

2.2.1 When a person satisfies the work test for PLP

Introduction

To meet the work test for PLP, a person must have performed, whether in Australia or not, 330 hours of qualifying work (1.1.Q.20) over a period spanning at least 295 days (around 10 months) within the person's work test period.

The work test period for people other than COVID-19 affected claimants is the 392 day period (around 13 months) prior to the expected or actual DOB or placement of the child for adoption.

The work test period for a PPL claimant in exceptional circumstances and their partner is the 392 day period prior to the expected or actual date the PPL claimant in exceptional circumstances became the primary carer of the child.

There is an extended work test period of 600 days for claimants who are COVID-19 affected claimants (1.1.C.165).

When a person satisfies the work test for PLP

Step Method statement
1 Work out the person's work test period (1.1.W.40) under:
  • PPLAct section 33 for people other than COVID-19 affected claimants, or
  • section 33A for COVID-19 affected claimants.
2 Work out the days in the work test period on which the person has and has not performed qualifying work.
3 Work out whether any days on which the person has not performed qualifying work during the work test period fall within a permissible break (1.1.P.130).
4 Work out whether there is a period (a qualifying period (1.1.Q.10)) of 295 consecutive days in the work test period that are days:
  • on which the person has performed qualifying work, or
  • that fall within a permissible break.
5 If the person has performed at least 330 hours of qualifying work in a qualifying period, the person satisfies the work test.

Where a birth mother does not meet the work test because they ceased work due to hazards connected to their work that posed a risk to their pregnancy, the birth mother will meet the work test if they have performed 330 hours of qualifying work over a period of 295 consecutive days within the 392 day period prior to the day the birth mother is no longer performing work in the hazardous job (2.2.3).

From 30 March 2020, a day on which a person is entitled to jobkeeper payment can count as a day of qualifying work for the purposes of the work test for PLP.

For claims on or after 4 September 2021, a day on which a person is entitled to the COVID-19 disaster payment from 3 June 2021 can count as a day of qualifying work for the purposes of the work test for PLP.

A birth mother may also satisfy the work test if Centrelink is satisfied they would have met the work test but for the fact that the child was born prematurely and/or they had pregnancy-related illness or complications that prevented them from performing paid work (2.2.5).

A person may also satisfy the work test if Centrelink is satisfied they would have satisfied the work test but for the fact that special circumstances existed in relation to the person that prevented them from performing paid work. The special circumstances are family and domestic violence, severe medical condition, and natural disaster (2.2.6).

Act reference: PPLAct section 31AA When a person is eligible for PLP on a flexible PPL day for a child, Part 2-3 Division 3—The work test, section 32 When a person satisfies the work test, section 33 The work test period—claimants other than COVID-19 affected claimants, section 33A The work test period—COVID-19 affected claimants, section 34 When a person performs qualifying work, section 35A Hours of qualifying work on a flexible PPL day, section 36A Premature birth or pregnancy‑related complications or illness, section 36AA Special circumstances

PPL Rules Part 2 Division 3 Matters relating to the work test

Policy reference: PPL Guide 2.1 PLP eligibility overview, 2.2.3 Hazardous jobs for PLP, 2.2.4 Work test period for COVID-19 affected claimants for PLP, 2.2.6 Special circumstances for PLP

Last reviewed: