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.

2.5.3 Person no longer caring for a child - PLP remains payable

Introduction

PLP remains payable in the circumstances specified below, where the person is no longer caring for a child.

Child stillborn or dies

An exception to the requirement for a claimant to be caring for the child exists in cases where the child is stillborn (1.1.S.90), or subsequently dies. In such a case, provided the individual establishes to the satisfaction of Centrelink that they would have been caring for the child but for the stillbirth or the child's death, they may claim, establish eligibility for, be paid PLP as if the child had not died or been stillborn. In this situation, the claimant may perform more than one hour of paid work on a flexible PPL day (1.1.F.70) and remain eligible for PLP.

Birth mother ceases to care for the child

The PPL Rules provide further exceptions to the requirement for an eligible birth mother to be caring for the child to remain eligible for PLP for 20 weeks after the child's birth.

Where the eligible birth mother, on a day within 20 weeks of the child's birth, is not caring for the child because she relinquished the child:

  • as part of the process for adoption of the child
  • because the child was born of a surrogacy arrangement, or
  • because the child was removed from her care by a state or territory child protection agency

she remains may continue to be eligible for PLP provided she does not perform more than one hour of paid work on each day she is receiving PLP for during the 20 weeks.

Where the eligible birth mother intended to relinquish the child in any of the above circumstances, but the child was stillborn or has died, she remains eligible for PLP and may return to work during the 20 weeks.

Temporary inability to care

A PPL claimant or special PPL claimant for PLP may remain eligible to receive PLP if they are temporarily unable to care for the child due to circumstances beyond their control, such as serious illness or where the person has to travel overseas for medical treatment.

Centrelink must be satisfied the person was or will be caring for the child. The period of temporary inability to care must be likely to be less than 26 weeks, and Centrelink must be satisfied the person would be caring for the child except for the temporary inability to care.

Loss of care for a child

A PPL claimant or special PPL claimant for PLP may remain eligible to receive PLP even though they are temporarily unable to care for the child because an event occurs without the person's consent that prevents the child being in their care. For example, a child may not be returned after spending time with their other parent.

The person must have previously been caring for the child, and they or their partner must be the child's legal parent or must otherwise be legally responsible for the child.

The person must take steps to have the child returned to their care.

If the child is temporarily in the care of another legal parent, to remain eligible for PLP the person or their partner must have a court order or parenting plan to the effect that child is to live with the person or the person's partner.

Act reference: PPLAct section 31AA When a person is eligible for PLP on a flexible PPL day for a child, section 277 Caring for a child when a child is stillborn or dies

PPL Rules Part 2 Eligibility for PLP

Policy reference: PPL Guide 2.1 PLP eligibility overview

Last reviewed: