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.

2.2.10 Who is a primary claimant for PLP?


A primary claimant (1.1.P.250) is a person who may receive up to 18 weeks of PLP, and whose unused PLP, if any, may be received by an eligible secondary claimant. The primary claimant's claim generally is the first claim for PLP for a particular child. In most cases, the claimant will be the child's birth mother, or the adoptive parent who is the initial primary carer of the adopted child.

The recipient of PLP, whether a primary, secondary or tertiary claimant, generally must be the primary carer of the child for the time PLP is payable to them.

Primary claimant transfer of PLP to an eligible secondary claimant

If a determination is made that PLP is payable to a primary claimant for their PPL period (1.1.P.200) and care arrangements for the child change (e.g. where the birth mother ceases to be the primary carer of the child because they return to work before having received all of their PPL period), they may be able to transfer the unused part of their maximum PPL period (1.1.M.20) to the child's new primary carer (usually a partner, or the child's other legal parent or their partner) if they meet certain eligibility requirements and lodge a claim for the unused days of the PPL period.

For children born or entrusted to care as part of an adoption process on or after 1 July 2020, the secondary claimant may also access unused flexible PPL days, if the primary claimant has provided a permission ( for those days and they meet the eligibility requirements.

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