2.2.10.10 Primary claimant for PLP - birth mother

Introduction

Generally the birth mother of a child is the primary carer (1.1.P.230) of the child and the primary claimant of PLP although other carers may be the primary claimant in particular circumstances as prescribed by the PPL Rules.

Priority of birth mother as primary claimant

The birth mother is given priority in eligibility for PLP as the primary claimant because she requires time to recover physically from birth, and to establish breastfeeding. For a birth mother primary carer to be entitled to a PPL period, she must have remained the child's primary carer since the birth of her child and for flexible PPL days, must be the primary carer on the day flexible PPL is claimed. Other carers of children as the result of changed arrangements, such as adoptive parents, may be able to claim PLP if they are the primary carer of a child.

Eligibility criteria

Birth mothers who are primary carers and primary claimants for PLP must meet eligibility criteria relating to:

• the work test (1.1.W.30)
• the income test (ATI (1.1.A.40)), and
• Australian residency test (1.1.A.110).

For a PPL period they must:

• have been the primary carer of the child since the child's birth (unless their child is stillborn or has died, or they are the birth mother in an adoption or surrogacy situation, or they are temporarily unable to care for their child or have lost care of their child without their consent), and
• not have worked since becoming the primary carer (not applicable if their child was stillborn or has died; if they have lost care of their child without their consent; if they are a defence force member or law enforcement officer and they have been compulsorily recalled to duty; if they are complying with the requirements of a summons or other compulsory process to appear; if they are a health professional, emergency services worker or other essential worker (1.1.E.95) and they have returned to work in response to a state, territory or national emergency; or if the child is required to remain in hospital or is immediately hospitalised after birth).

For a flexible PPL day they must:

• be the primary carer of the child on the day (unless their child is stillborn or has died, or they are the birth mother in an adoption or surrogacy situation, or they are temporarily unable to care for their child or have lost care of their child without their consent), and
• not be performing more than one hour of paid work on the day (not applicable if the work was for a permissible purpose; if their child was stillborn or has died; if they have lost care of their child without their consent; if they are a defence force member or law enforcement officer and they have been compulsorily recalled to duty; if they are complying with the requirements of a summons or other compulsory process to appear; if they are a health professional, emergency services worker or other essential worker and they have returned to work in response to a state, territory or national emergency; or if the child is required to remain in hospital or is immediately hospitalised after birth).

Note: From 1 January 2019, a NARWP applies to PLP. There are a range of exemptions from the effect of the NARWP for PLP and situations where the NARWP does not apply (2.2.4.30).