126.96.36.199 Primary claimant for PLP - adoptive parent with initial primary care of adopted child
An adoptive parent who is the initial primary carer (1.1.P.230) of the child must meet the same PLP eligibility criteria as apply to a primary claimant birth mother.
For PLP purposes a reference to the birth of a child for a birth mother is a reference to the placement of a child for an adoptive parent. The day of placement of a child is the day the child has been entrusted to the care of the person by an authorised party as part of the process of adoption, and the child must be under 16 years of age at the time of placement with the adoptive parent/s.
The adoptive parent who is the initial primary carer and primary claimant 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).
- have been the primary carer of the child since the child entered their care (unless their child has died, or they are temporarily unable to care for their child or have lost care of their child without their consent), and
- for a PPL period, not have worked since becoming the primary carer, or for a flexible PPL day, not be working on the day (not applicable if their child has died, if they have lost care of their child without their consent; or if they are a defence force member or law enforcement officer and they have been compulsorily recalled to duty; if they had to comply with a summons or other compulsory process to appear; or if they are a health professional, emergency services worker or other essential worker (1.1.E.95) and they returned to work in response to a state, territory or national emergency).
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 (188.8.131.52).
Act reference: PPLAct section 31 When a person is eligible for PLP on a day other than a flexible PPL day for a child, section 31AA When a person is eligible for PLP on a flexible PPL day for a child, section 31A Newly arrived resident's waiting period, section 47 When a person is the primary carer of a child, section 54 Who can make a primary claim, secondary claim or tertiary claim, section 275 How this Act applies to an adopted child
PPL Rules Part 2 Eligibility for PLP, Part 3 Claims for PLP
Policy reference: PPL Guide 184.108.40.206 PLP core eligibility requirements, 2.2.2 PPL scheme work test for PLP, 2.2.3 PPL scheme income test for PLP, 2.2.4 PPL scheme Australian residency test & absences from Australia for PLP, 220.127.116.11 NARWP for PLP & DAPP, 2.2.13 Return to work & when paid work is for a permissible purpose for PLP