2.3.2.20 Work test for DAPP
Introduction
The claimant must establish that they have or had a genuine attachment to the labour force to be eligible for DAPP.
DAPP work test period
The work test period (1.1.W.40) for DAPP is, for claimants other than COVID-19 affected claimants, the 392 day period (i.e. a period of approximately 13 months) prior to the nominated start date of their DAPP period.
For a COVID-19 affected claimant (1.1.C.165), the work test period is the 600 day period prior to the nominated start date of their DAPP period.
For the purposes of making an initial eligibility determination (a pre-birth or pre-adoption claim) or a payability determination after the birth or adoption, the claimant's eligibility in relation to the work test is established by examining the work performed within the 392 day or 600 day period prior to the nominated start date of their DAPP period, whichever is applicable.
Qualifying period
For the purposes of the work test, a qualifying period is a period of 295 consecutive days (approximately 10 months) in a person's work test period that are days:
- on which the person has performed qualifying work (2.2.2.40), or
- that fall within a permissible break (2.2.2.50).
Days on which a person has not performed qualifying work that do not fall within a permissible break cannot be considered when calculating if the person has a 295 consecutive day qualifying period.
Qualifying work
In addition to meeting the requirements of the 295 day qualifying period, a person must have performed at least 330 hours of qualifying work within the qualifying period.
A person performs qualifying work on a day if they perform at least one hour of paid work on the day or if they take a period of paid leave of at least one hour on a day.
It is not necessary for work to have been performed with a single employer. Work performed with more than one employer in the work test period may count towards the work test.
From 1 March 2014, a person can also count the days in a PPL period and/or DAPP period for a previous child as qualifying work for a new claim. From 1 July 2020, any flexible PPL days for a previous child can also count as qualifying work for a new claim.
Both PLP and DAPP that occur in the work test period can count as qualifying work for eligibility for either payment. For example, a person's PPL period and/or flexible PPL days for a previous child that occurred in the work test period for a new DAPP claim, may count as qualifying work for the DAPP work test for the new claim and vice versa, for a subsequent child.
For children born or entrusted to care as part of an adoption process before 1 March 2014 a previous period of PLP and/or DAPP (for a previous child) cannot be counted as qualifying work for a new claim.
PLP, including a PPL period and/or any flexible PPL days, will not count towards the work test for a DAPP claim for the same child, because a person who meets the work test for PLP will also meet the work test for DAPP for that child. Similarly, a DAPP period will not count towards the work test for a PLP claim for the same child.
From 30 March 2020, a day on which a person is entitled to jobkeeper payment can count as a day of qualifying work for the purposes of the work test for PLP or DAPP.
For claims on or after 4 September 2021, a day on which a person is entitled to the COVID-19 disaster payment from 3 June 2021 can count as a day of qualifying work for the purposes of the work test for PLP or DAPP.
Hours of qualifying work on a day that PLP or DAPP was received for a previous child
For children born or entrusted to care as part of an adoption process on or after 1 March 2014, a person can count the days in their PPL period and/or DAPP period for a previous child, as qualifying work for a new claim. From 1 July 2020, any flexible PPL days for a previous child can also count as qualifying work for a new claim.
If a person did not perform paid work or take paid leave during their PPL period and/or DAPP period for a previous child, the hours of work the person is taken to have performed on that day is:
- 7.6 if the day is a weekday, and
- no hours if the day is a Saturday or Sunday.
If a person did not perform paid work or take paid leave on a flexible PPL day for a previous child, the person is taken to have performed 7.6 hours of work on that day, including weekends.
If a person performed at least one hour of paid work on a day during their PPL or DAPP period for a previous child (where a person takes PLP at the same time as performing work for a permissible purpose, see 1.1.P.140), the hours of work the person is taken to have performed on that day is the greater of:
- 7.6 hours of PLP and/or DAPP if the day is a weekday, and
- the actual number of hours of paid work performed by the person on that day.
If a person performed at least one hour of paid work on a day on a flexible PPL day for a previous child, the hours of work the person is taken to have performed on that day is the greater of 7.6 hours of PLP (if the day is a weekday or a weekend), and the actual number of hours of paid work performed by the person on that day.
Example: A person may have performed 2 hours of paid work for a permissible purpose (such as a keeping in touch day) on a day in their PPL period. In this circumstance, the person will be taken to have performed 7.6 hours of qualifying work.
If a person takes paid leave of at least one hour during their PPL period for a previous child, the hours of work the person is taken to have performed on the day is the greater of:
- 7.6 hours of PLP or DAPP if the day is a weekday, and
- the number of hours of paid leave taken by the person on that day.
If the person takes paid leave of at least one hour on a flexible PPL day for a previous child, the hours of work the person is taken to have performed on that day is the greater of 7.6 hours of PLP (if the day is a weekday or a weekend), and the actual number of hours of paid leave taken by the person on that day.
Example 1: A person may be taking 8 hours of paid leave on a weekday during a PPL period. In this circumstance, the person will be taken to have performed 8 hours of qualifying work on that day.
Example 2: A person may be taking 3 hours of paid leave on a flexible PPL day. In this circumstance, the person will be taken to have performed 7.6 hours of qualifying work on that day, whether or not the day is a weekday or a weekend.
A person in receipt of the jobkeeper payment or the COVID-19 disaster payment will be taken to have performed 7.6 hours of qualifying work for the purposes of the work test for DAPP for each weekday (no hours for a Saturday or Sunday) during a period/s of jobkeeper payment or COVID-19 disaster payment.
Where a person has performed at least one hour of paid work or received at least one hour of paid leave on a weekday day during a jobkeeper payment period or COVID-19 disaster payment period, the person will be taken to have performed qualifying work for the greater of 7.6 hours or the number of hours actually worked or number of hours of paid leave received.
Where a person performs at least one hour of paid work on a day and the day is a Saturday or Sunday that falls in a jobkeeper payment period or a COVID-19 disaster payment period, the person will be taken to have worked the hours actually performed on that day (instead of no hours).
Example: Sarah performs 9 hours of work on a Monday that is in a jobkeeper payment period because she is required to work overtime. However, on Tuesday her hours are reduced to 4 hours due to a decrease in demand, and on Wednesday reduced to nil hours. It would be unfair to determine that on Monday, when she was required to work overtime due to the constantly fluctuating nature of the current work environment, she be taken to have performed 7.6 hours of work because she was working during a jobkeeper payment period. Therefore, the greater of the 2 should be taken into account when applying the DAPP work test. In Sarah's case, the 9 hours actually worked would be counted for Monday not 7.6 hours. Sarah would be taken to have performed 7.6 hours of work on the Tuesday and Wednesday.
Act reference: PPLAct section 6 The Dictionary, Part 2-3 Division 3 The work test, Part 3A-3 Division 3 Applying the work test to claimants for DAPP, section 115CD The work test period, section 35A Hours of qualifying work on a day in a PPL or DAPP period, 35B Hours of qualifying work on a day in a jobkeeper payment period, 35C Hours of qualifying work on a day in a COVID-19 Australian Government payment period.
PPL Rules Part 2 Division 3 Matters relating to the work test
Policy reference: PPL Guide 2.3.1 DAPP eligibility overview, 2.3.2.25 Work test period for COVID-19 affected claimants for DAPP