2.2.4.10 Australian residency test for PLP

Residency conditions

PPLAct section 45 prescribes the circumstances in which a person satisfies the Australian residency test for PLP purposes.

The residency conditions for PLP are similar to those under family assistance law. In order to be eligible for PLP, the claimant must meet the Australian residency test (1.1.A.110). This means a primary, secondary or tertiary PLP claimant must be:

• an Australian resident (as defined in SSAct section 7(2)), i.e.
  • an Australian citizen, or
  • the holder of a permanent visa, or
  • an SCV holder (as defined in the Migration Act 1958 section 32) who is a protected SCV holder, or
• an SCV holder who is residing in Australia, or
• the holder of a visa determined by the Minister for the purposes of SSAct subparagraph 729(2)(f)(v) and either the person is in Australia or is temporarily absent (1.1.A.10) from Australia for not more than 6 weeks, and the absence is an allowable absence in relation to special benefit (SpB).

A person who is the holder of a temporary visa made under SSAct section 729(2)(f)(v) may be eligible for PLP for up to 6 weeks of any temporary absence, but only if the absence is for one of the following reasons:

• to attend an acute family crisis, for example to visit a family member who is critically ill
• for humanitarian reasons, for example to adopt a child or attend custody proceedings, or
• to receive eligible medical treatment that is not available in Australia.

If a PLP recipient who is the holder of a temporary visa made under SSAct section 729(2)(f)(v) departs Australia for a reason not listed above, they will be ineligible for PLP for the duration of their absence. The recipient's PLP period cannot restart when they return to Australia.

Residency & PLP

To remain eligible for a PPL period, a primary claimant in normal circumstances must meet the above residency test from the child's DOB or placement for adoption until the end of their PPL period (1.1.P.200). A primary claimant in exceptional circumstances, a secondary claimant and a tertiary claimant must meet the residency test from the day on which they become the primary carer of the child until the end of their PPL period.

For pre-birth claims, the claimant does not need to meet the Australian residency test from the time they lodge their claim. However, they must meet the residency test from the time of birth or adoption (primary claimant in normal circumstances) or the time they become the primary carer (primary claimant in exceptional circumstances, secondary and tertiary claimant) to the end of their PPL period in order to be eligible for payments.

For post-birth claims, the primary claimant must already meet the Australian residency test from the time of the child's birth, and must continue to meet the residency test until the end of their PPL period.

To be eligible on a flexible PPL day, all claimants must meet the above residency test on that day.

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).