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.

2.3.9 DAPP claim interactions with other PLP or DAPP claims

Introduction

A person can claim DAPP, regardless of whether there is also a claim for PLP, NBS or SBP for the child. If a person receives DAPP, this does not make a person ineligible for any other family assistance payment. However there are some restrictions where multiple DAPP claims are made or other PLP claims exist for the child.

DAPP already paid

DAPP can only be paid once per child. A person will not be eligible for DAPP if that person or another person is payable for DAPP in relation to that child.

For example, in the scenario where the biological parents have separated and the mother has re-partnered, only the biological father OR the mother's new partner can claim DAPP.

Exception: In certain prescribed circumstances, 2 people may, if eligible, receive DAPP for the same child. In the case of adoption DAPP can be paid once, to the biological father or the birth mother's partner, and once to the partner of the adopting parent for the same child. In the case of surrogacy, DAPP can be paid once to the birth mother's partner, and once to the partner of the person providing primary care for the child born of a surrogacy arrangement. In circumstances where there is a new primary caregiver for a child because the birth mother and their partner are incapable of caring for the child (1.1.I.05), DAPP can be paid once to the biological father or birth mother's partner, and once to the partner of the child's new primary carer. Additional eligibility criteria apply for people who claim DAPP in prescribed circumstances (2.3.7.10).

Family claiming DAPP & PLP

Both DAPP and PLP, can be taken at the same time (e.g. DAPP may be payable to a father at the same time that PLP is payable to a mother) for the one child by 2 separate people at the same time. A family cannot receive more than 20 weeks (100 payable days) DAPP and PLP combined for a birth or adoption event.

One person claiming both DAPP & PLP

One person is able to claim both PLP, which includes a PPL period and flexible PPL days and 2 weeks' DAPP for the same child. However, the PLP and DAPP periods (2.3.8) must be taken at different times. A person cannot be paid more than 18 weeks (90 payable days) DAPP and PLP combined for the child, or for more than one child in a multiple birth or multiple adoption event. For example, where eligible, a person may have a 10-week PPL period, 30 days flexible PPL and 2 weeks of DAPP but cannot have a 12-week PPL period, 30 days flexible PPL and 2 weeks of DAPP as this exceeds a maximum of 18 weeks.

If a person is receiving DAPP for one child and PLP for another child (not part of a multiple birth or adoption), the DAPP and PLP periods can be taken at the same time.

One person claiming DAPP twice

A person can only claim DAPP once per child.

One person is able to claim DAPP for more than one child, provided they are not part of a multiple birth or adoption. However, the 2 DAPP periods (2.3.8) cannot be taken at the same time.

Where there is a multiple birth or adoption (e.g. twins), DAPP is only paid for one child.

Multiple birth & multiple adoption events

The 18 week limit (90 payable days) per person and the 20 week limit (100 payable days) per family apply in the same way for single births (and adoptions) and multiple births (and adoptions). This is consistent with the nature of payments under the PPL scheme, i.e. that they assist a parent to take up to 18 weeks (PLP) and/or up to 2 weeks (DAPP) away from work. PLP and DAPP are payments for working parents rather than per child payments.

Act reference: PPLAct section 115BE Multiple births, section 115BF Dad and partner pay is already payable to the person etc., section 115CB(5) Not eligible-overlap with PPL period, section 115CB(5A) Not eligible - overlap with flexible PPL day, section 115CB(6) Not eligible-overlap with DAPP period for another child, section 115CB(7) Not eligible-excess days

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, 2.3.7 Who can claim DAPP, 2.3.8 DAPP period, 6.3.2 Payability determinations for DAPP

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

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