2.2.10.50 Primary claimant for PLP in exceptional circumstances - any other person

Introduction

A person whose relationship to the child is not covered by sections 2.2.5 to 2.2.8 may be the primary claimant (1.1.P.250) for PLP days, in exceptional circumstances (1.1.E.100).

The PPL Rules prescribe the exceptional circumstances in which any person who has primary care of the child may become a primary claimant in respect of a child. The specific circumstances relate to situations where the child's previous primary carer can no longer care for the child, either because of incapacity or for legal reasons.

Eligibility criteria

The person who is the primary carer and primary claimant of 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).

They must:

• be the primary carer of the child (other than where they are temporarily unable to be the primary carer (1.1.T.50) or where they have lost care for the child (1.1.L.30)), 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 in cases of child death, if they have lost care of the 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 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 (2.2.4.30).

Exceptional circumstances criteria

To be eligible for PLP as a primary claimant, the person must have become the primary carer of the child before the child's first birthday or before the first anniversary of the day of placement of the child for adoption.

They must have care of the child and expect to continue to care for the child for at least 26 weeks, and either:

• the birth mother or the adoptive parent, must be incapable of caring for the child (1.1.I.05) and be expected to remain so for at least 26 weeks, or
• Centrelink is satisfied on reasonable grounds that
  • the person became the primary carer of the child in special circumstances, and
  • it would be unreasonable for the birth mother or adoptive parent of the child to care for the child, and
  • it is in the interests of the child for the person to care for the child.

In addition, the following must apply:

• the partner of the birth mother or the partner of the adoptive parent is incapable of caring for the child
• the child was not entrusted to the care of the person or the person's partner because of a decision of a state or territory child protection agency under its relevant legislation
• the Secretary is satisfied on reasonable grounds that
  • the person became the primary carer in special circumstances
  • it would be unreasonable (1.1.U.10) for the partner of the birth mother or partner of the adoptive parent to care for the child, and
  • it is in the interests of the child (1.1.I.90) for the person to care for the child.