The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

2.3.1 DAPP eligibility overview

Introduction

Chapter 2.3 outlines the circumstances in which a person may be eligible for DAPP.

From 1 January 2013, Australia's PPL scheme was expanded to include a new payment for dads or partners. DAPP provides eligible working dads or partners with a 2 week payment at the rate of the NMW. To be payable, a person must make an effective claim (1.1.E.10) for DAPP and be eligible.

Chapter 2.3 outlines the people who can make a claim for DAPP, which include the biological father of the child, the partner of the child's birth mother (including same-sex partners), an adoptive parent, and other people who can make a claim for DAPP in prescribed circumstances. Section 2.3.7 describes DAPP claimants in more detail.

The chapter also outlines the eligibility criteria for DAPP. To be eligible for DAPP, a claimant must:

  • satisfy the work, income and residency tests. See sections 2.3.2, 2.3.3 and 2.3.4 for information about these tests.
  • be caring for a child born or adopted from 1 January 2013 on each day of their DAPP period (1.1.D.30). Section 2.3.5 of this chapter outlines the caring requirement and exceptions that may apply.
  • not be working or on paid leave during their DAPP period. Section 2.3.6 of this chapter outlines the requirement of not working and not on paid leave and the exceptions that may apply.
  • not be subject to the NARWP.

Note: The NARWP for DAPP applies to people granted a permanent visa or relevant temporary visa on or after 1 January 2019. The NARWP for DAPP does not apply to a person in respect of a child who is born or adopted either before 1 January 2019 or in the 6 months from 1 January 2019 to 30 June 2019. There are a range of other exemptions and situations where the NARWP does not apply (2.2.4.30).

Act reference: PPLAct section 115AC For the determination to be made, the person must be eligible, section 115BB(2) When DAPP is payable to DAPP claimant, section 115BD The child was born before 1 January 2013, section 115CB When a DAPP claimant is eligible for DAPP, section 115CB(9) Not eligible-newly arrived resident's waiting period, section 115CBA Newly arrived resident's waiting period, section 115EC Amount of DAPP

PPL Rules Part 7 Claims for DAPP

Policy reference: PPL Guide 1.1.E.10 Effective claim, 1.1.D.30 DAPP period, 2.2.4.30 NARWP for PLP & DAPP, 2.3.2 PPL scheme work test for DAPP, 2.3.3 PPL scheme income test for DAPP, 2.3.4 PPL scheme Australian residency test & absences from Australia for DAPP, 2.3.5 Caring for a child for DAPP, 2.3.6 Not working & not on paid leave for DAPP, 2.3.7 Who can claim DAPP, 2.3.8 DAPP period, 2.3.9 DAPP claim interactions with other PLP or DAPP claims

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