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.

2.3.7 Who can claim DAPP

Introduction

The following people may be able to claim DAPP:

  • the biological father of the child, or
  • the partner of the birth mother (including same-sex partners), or
  • an adoptive parent, or
  • a person who satisfies the circumstances prescribed in the PPL Rules (2.3.7.10).

DAPP is designed to allow working dads and partners to take time away from work to care for their child in the vital early months following birth or adoption. Birth mothers are not eligible for DAPP, but they may be eligible for PLP, NBS or SBP. Other people supporting the birth mother cannot claim DAPP. A non-parent carer is also not able to claim DAPP where on the day the child came into the care of the person, or their partner, the child was entrusted as a result of a decision made under state or territory child protection legislation, or a decision by a court in relation to child protection in the state or territory (2.3.7.10).

Policy reference: FA Guide 1.2.18 Newborn supplement (NBS) - description, 1.2.19 Stillborn baby payment (SBP) - description

Adoptive parents

In the case of an adoption, the DAPP claimant must establish that the adoption occurred or is underway, and that they are, or will be, the adoptive parent of a child. For adoptive parents to be eligible for DAPP, the child must have been entrusted to the care of the person by an authorised party as part of the process of adoption, and the child must be under 16 years of age at the time of placement with the adoptive parents.

Eligible adoptive relationships do not include known adoptions (1.1.K.20), including step-child adoptions. These are situations where the child has lived continuously with the prospective adoptive parent prior to the date on which the process of adoption commenced and the adoption is more in the nature of formalising the parental relationship. In these cases, it would normally be expected that the child would not be regarded as being placed with the adoptive parent as part of the process of adoption, and hence such an adoptive parent would not be eligible.

DAPP may be paid to 2 people for the same child in the case of adoptions; once to the biological father or partner of the birth mother, and a second time to the adopting parent or their partner.

Act reference: PPLAct section 115DD Who can make a claim for DAPP, section 3A Objects of this Act, section 115DE(2) A claim for DAPP is also not effective …, section 275 How this Act applies to an adopted child

PPL Rules Part 7 Claims for DAPP

Policy reference: PPL Guide 2.3.1 DAPP eligibility overview, 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, 2.3.8 DAPP period, 2.3.9 DAPP claim interactions with other PLP or DAPP claims

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