2.6 Who is a PPL claimant for PLP?

Introduction

A PPL claimant (1.1.P.170) for PLP can be the birth mother of the child, the parent of the child that is not the birth mother, an adoptive parent or a partner of a parent of the child. A PPL claim may also be made in exceptional circumstances, as prescribed by the PPL Rules.

PPL claimants for PLP must meet eligibility criteria relating to the work test (1.1.W.30) and the income test (1.1.I.20).

In addition, to be eligible on a flexible PPL day a PPL claimant must:

• meet the Australian residency test (1.1.A.110) on the day and on the DOB of the child
• be caring for the child (2.5) on the day, unless
  • their child is stillborn or has died
  • they are temporarily unable to care for their child (1.1.T.50), or
  • they have lost care of their child without their consent (1.1.L.30), and
• not be performing more than one hour of paid work on the day, unless
  • their child was stillborn or has died
  • they have lost care of their child without their consent
  • they are a defence force member or law enforcement officer and they have been compulsorily recalled to duty (1.1.R.05)
  • they are complying with the requirements of a summons or other compulsory process to appear
  • they are a health professional, emergency services worker or other essential worker (1.1.E.95) and they have returned to work in response to a state, territory or national emergency, or
  • the child is required to remain in hospital or is immediately hospitalised after birth.

A PPL claimant cannot be eligible for a flexible PPL day that exceeds their maximum PLP entitlement (2.9).

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).

Note: The following people cannot make an effective PPL claim for PLP unless they have permission to make claims (4.1.6):

• a parent of a child who is not the birth mother
• the partner of a parent of the child who is not the birth mother
• the partner of the birth mother, or
• the partner of an adoptive parent.

Note: The following people can only receive PLP for the number of days they have permission to receive (5.2.2.40):

• a parent of a child who is not the birth mother
• the partner of a parent who is not the birth mother
• the partner of the birth mother
• a subsequent claimant adoptive parent, or
• the partner of an adoptive parent.

Birth mother PPL claimants – exceptions & additions to the core requirements

A birth mother who relinquishes their child in a surrogacy or adoption arrangement, or a birth mother whose child was removed from their care by a state or territory child protection agency or in accordance with a decision of a court of a state or territory, may be an eligible PPL claimant for PLP if they meet the core PPL claimant requirements above, with the exception of the requirement to be caring for the child (2.5).

Note: A birth mother who would have relinquished care of their child if not for the stillbirth or death of the child, is still eligible for PLP on a day if they have performed more than one hour of paid work on that day.

For birth mothers who meet these conditions, PLP will only be payable on a day within:

• 20 weeks of the day the child was born, for children born on or after 1 July 2023
• 22 weeks of the day the child was born, for children born on or after 1 July 2024
• 24 weeks of the day the child was born, for children born on or after 1 July 2025
• 26 weeks of the day the child was born, for children born on or after 1 July 2026.