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.

2.5.2 Caring for a child for PLP - exceptional circumstances

A parent of the child who is not the birth mother, or a partner of a parent of the child

In usual circumstances the parent of the child who is not the birth mother, or a partner of a parent of the child may be eligible for PLP on days they are caring for the child. Permission to make a claim is required from the birth mother or in some cases from an adoptive parent.

The PPL Rules prescribe the exceptional circumstances (1.1.E.100) in which the other parent of a child or the partner of either parent may claim PLP without permission from the birth mother or adoptive parent.

Other carer for the child

A person who is not a parent of the child and is not intended to become the parent via adoption, and is not a member of a couple with a parent of the child at the time of claim, may be a claimant for PLP where they began caring for the child in exceptional circumstances. The PPL Rules prescribe the particular circumstances and eligibility criteria that apply to enable them to receive PLP.

Exception: Formal non-parent carers, where there is a placement of a child with the carer under formal child protection processes, are not eligible for PLP (but may be eligible for FTB and NBS). This applies to situations where there has been placement action by the relevant state/territory child protection authority acting under the state or territory child protection legislation or a decision by a court in relation to child protection in the state or territory. This may include placement of the child with a relative or significant other person, or the placement of a child in a formal foster care arrangement.

In order to make an effective claim as a PPL claimant in exceptional circumstances or special PPL claimant in exceptional circumstances, a person must have become the primary carer of the child before the child’s first birthday, and expect to have care of the child for a continuous period of at least 26 weeks. A person is the primary carer of a child when they are the person who is primarily responsible for meeting the child’s needs.

In addition, in order to be eligible on a flexible PPL day, the person must be caring for the child (1.1.C.10).

Act reference: PPLAct section 31AA When a person is eligible for PLP on a flexible PPL day for a child, section 47 When a person is caring for a child, section 276 How this Act applies to claims made in exceptional circumstances

PPL Rules Part 2 Eligibility for PLP, Part 3 Claims for PLP

Policy reference: PPL Guide 2.1 PLP eligibility overview, 2.6 Who is a PPL claimant for PLP?, 2.7 Who is a special PPL claimant for PLP?, 4.1 Claims for PLP, 4.1.6 Permission to make claims

FA Guide 1.2.18 Newborn supplement (NBS) - description

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