220.127.116.11 Secondary claimant for PLP in normal circumstances - partner of primary claimant birth mother or primary claimant adoptive parent or child's other legal parent or their partner
For the purposes of PLP secondary claims (1.1.S.20), the birth mother's partner or the partner of a primary claimant adoptive parent, or the other legal parent (if this is not the birth mother's partner or partner of the primary claimant adoptive parent) and the partner of the other legal parent are treated in the same manner. Secondary claimants in normal circumstances who fall into one of these categories must meet the eligibility and payability criteria to receive PLP.
Primary claimants, must also meet certain eligibility and payability criteria in order to transfer the payment to a secondary claimant.
Note: The PPL Rules provide that secondary claimants who claim under exceptional circumstances are not required to meet the work test or the income test in order to be eligible for PLP (18.104.22.168).
Secondary claimants in normal circumstances with one of the above relationships to the child, must meet the usual eligibility criteria that apply to primary claimants but with minor differences.
They must meet the 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).
However, where the tests apply by reference to the DOB for a birth mother claimant, the secondary claimant must meet the tests in relation to the date the individual anticipates becoming, or became the child's primary carer.
- be the primary carer of the child and have become the primary carer of the child on the day after the primary claimant ceased to provide such care, i.e. this must be a continuous block of care transitioning from one carer to another without any breaks (other than where the person is 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
- not have returned to work since becoming the primary carer (not applicable in cases where there has been loss of care for the child; the child has had to remain in hospital or was admitted to hospital immediately after birth; the claimant is a defence force member or law enforcement officer who has been recalled to duty (1.1.R.05); the claimant has returned to work in response to a summons or other compulsory process; or the claimant is a health professional, emergency services worker, or other essential worker (1.1.E.95) who has returned to work in response to a state, territory or national emergency).
For eligibility in relation to a flexible PPL day (1.1.F.70), secondary claimants in normal circumstances must also:
- be the primary carer of the child on the day (other than where the person is temporarily unable to be the primary carer or where they have lost care for the child), and
- not be performing more than one hour of paid work on the day (not applicable where the work is for a permissible purpose; where there has been loss of care for the child; the child has had to remain in hospital or was admitted to hospital immediately after birth the claimant is a defence force member or law enforcement officer who has been recalled to duty; the claimant has returned to work in response to a summons or other compulsory process; or the claimant is a health professional, emergency services worker, or other essential worker who has returned to work in response to a state, territory or national emergency).
Note: A secondary claimant who is the partner of a primary claimant birth mother or primary claimant adoptive parent, or the child's other legal parent or that person's partner, who does not meet the eligibility criteria above, may meet the exceptional circumstances eligibility criteria specified at 22.214.171.124.
Maximum of 18 weeks PLP
No more than 18 weeks (90 days) of PLP is payable overall in respect of a child, including where a primary and a secondary claimant share the PLP.
The PPL Rules provide that in exceptional circumstances (1.1.E.100), if less than the full 18 weeks of PLP has previously been received by the primary claimant and secondary claimant in respect of the child, the primary claimant or another person may be eligible as a tertiary claimant (1.1.T.70) to receive the remainder of the PLP entitlement. While this situation is possible, it will arise very infrequently. The exceptional circumstances and eligibility criteria relating to tertiary claimants are in 126.96.36.199.
Transfers of PLP to a secondary claimant
For a PPL period, there can be only one transfer of PLP from a primary to a secondary claimant but, as provided in the PPL Rules, in exceptional circumstances it is possible to transfer PLP from a secondary claimant to a tertiary claimant. The exceptional circumstances and eligibility criteria relating to tertiary claimants are provided in 188.8.131.52.
A primary claimant can provide permission for a secondary claimant to claim between one and 30 flexible PPL days.
Act reference: PPLAct section 6-'has not previously satisfied the work and income tests', section 17D Permission to claim flexible PPL days for a child, 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 32 When a person satisfies the work test, section 37 When a person satisfies the income test, section 45 When a person satisfies the Australian residency test, section 47 When a person is the primary carer of a child, section 48 When a person returns to work, section 276 How this Act applies to claims made in exceptional circumstances
PPL Rules section 10 Prescribed conditions for secondary claimants-general, Part 2 Division 2 Subdivision C Exemption to newly arrived resident's waiting period