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.

2.4.1 Australian residency test for PLP

Australian residency test

PPLAct section 45 prescribes the circumstances in which a person satisfies the Australian residency test for PLP purposes.

The Australian residency test for PLP is similar to that under family assistance law. In order to be eligible for PLP, the claimant must meet the Australian residency test (1.1.A.110). This means a PPL claimant or special PPL claimant must be:

  • an Australian resident (as defined in SSAct section 7(2)), that is,:
    • an Australian citizen
    • the holder of a permanent visa, or
    • an SCV holder (as defined in the Migration Act 1958 section 32) who is a protected SCV holder
  • an SCV holder who is residing in Australia, or
  • the holder of a visa determined by the Minister for the purposes of SSAct subparagraph 729(2)(f)(v) and either the person is in Australia or is temporarily absent (1.1.A.10) from Australia for not more than 6 weeks, and the absence is an allowable absence in relation to special benefit (SpB).

A person who is the holder of a temporary visa made under SSAct section 729(2)(f)(v) may be eligible for PLP for up to 6 weeks of any temporary absence, but only if the absence is for one of the following reasons:

  • to attend an acute family crisis, for example, to visit a family member who is critically ill
  • for humanitarian reasons, for example, to adopt a child or attend custody proceedings, or
  • to receive eligible medical treatment that is not available in Australia.

If a PLP recipient who is the holder of a temporary visa made under SSAct section 729(2)(f)(v) departs Australia for a reason not listed above, they will be ineligible for PLP for the duration of their absence. The recipient's PLP period cannot restart when they return to Australia.

Act reference: PPLAct Part 2-3 Division 5 The Australian residency test, section 45 When a person satisfies the Australian residency test

SSAct section 7(2) An Australian resident is a person who …, section 729(2) The Secretary may, in his or her discretion, determine that a SpB …

Residency & PLP

For pre-birth claims, the claimant must meet the Australian residency test on the day of the determination in order for an initial eligibility determination to be made.

To be eligible on a flexible PPL day, all claimants (except claimants in exceptional circumstances and their partners) must meet the above residency test on that day and on the DOB of the child.

Claimants in exceptional circumstances (and their partners where relevant) must meet the residency test on the flexible PPL day and on the day the claimant in exceptional circumstances became primary carer of the child.

Note: From 1 January 2019, a NARWP applies to PLP. There are a range of exemptions from the effect of the NARWP for PLP and situations where the NARWP does not apply (2.4.3).

Act reference: PPLAct section 26A Initial eligibility determinations relating to flexible PPL days for a child, section 31AA When a person is eligible for PLP on a flexible PPL day for a child, Part 2-3 Division 5 The Australian residency test, section 31AB(8) Newly arrived resident's waiting period, section 31A Newly arrived resident's waiting period, section 45 When a person satisfies the Australian residency test

SSAct section 7(2) An Australian resident is a person who …, section 729(2)(f)(v) … person is the holder of a visa that is in a class …

Migration Act 1958 section 32 Special category visas

PPL Rules Part 2 Eligibility for PLP

Policy reference: PPL Guide 1.1.A.10 Absence from Australia, 2.1 PLP eligibility overview, 2.4.3 NARWP for PLP

Last reviewed: