126.96.36.199 Absences from Australia for PLP
When a person who has left Australia continues to meet residency conditions
A person who meets the residency conditions at 188.8.131.52, and has left Australia and remains absent from Australia may continue to meet the Australian residency test for PLP, until they have been absent from Australia for a period of more than 56 weeks. A person no longer satisfies the Australian residency test on any day on which they have been absent from Australia for more than 56 weeks.
A person may be eligible for any day in their PPL period (1.1.P.200) that falls within 56 weeks of the date they first became absent from Australia (unless they receive an extension from the Secretary). They will be ineligible for any days in their PPL period that fall after this date.
Example: The primary claimant has their baby overseas on 1 August 2020 and has been overseas for 45 weeks before their nominated start date. The claimant will only be paid PLP in the PPL period for 11 weeks (until they reach the 56 week absence from Australia mark). They will be ineligible for the remaining week of their PPL period.
A person may be eligible for PLP on any day in the flexible PPL period (1.1.F.80) for the child that falls within 56 weeks of the date they first became absent from Australia (unless they receive an extension from the Secretary). They will be ineligible on any flexible PPL days (1.1.F.70) that fall after this date as long as they continue to be remain absent from Australia. Once they return to Australia they will satisfy the residency requirements again, and may be eligible for any remaining flexible PPL days.
Extension to the temporary absence period
The Secretary may extend the 56 week period to a period of no more than 3 years if a person was unable to return to Australia due to:
- deployment outside Australia as a defence force member, under conditions specified in a determination made under the Defence Act 1903 that relates to such deployment, or
- deployment outside Australia for the purpose of capacity building or peacekeeping functions as a member or special member of the Australian Federal Police, or a protective service officer within the meaning of the Australian Federal Police Act 1979.
Calculating the absence period
If a person who has been absent from Australia for more than 6 weeks, but less than 56 weeks, returns to Australia, and then leaves again less than 6 weeks later, then the person is taken not to have returned to Australia for the purposes of calculating the 56 week period for the Australian residency test for PLP.
If a person has been absent from Australian for 56 or more weeks, then returns to Australia and leaves again less than 6 weeks after returning, they do not meet the Australian residency test and are not eligible for PLP at any time during their stay in Australia or their subsequent absence from Australia.
If the 56 weeks absence period expires during a return to Australia of less than 6 weeks, the Australian residency test will not be met for any days after the 56 weeks, including days falling within that period of return, despite the individual's physical presence in Australia.