2.6.1 PPL claimant in exceptional circumstances – parent of a child who is not the birth mother or a partner of a parent of the child
The PPL Rules prescribe the conditions whereby a person who is the parent of the child who is not the birth mother or a partner of a parent of the child may claim PLP as a PPL claimant in exceptional circumstances.
They are subject also to the additional requirements specified under exceptional circumstances below.
The PPL claimant must meet eligibility criteria relating to:
- the work test (1.1.W.30)
- the income test (ATI (1.1.A.40)), and
- Australian residency test (1.1.A.110).
They must also:
- be caring for the child (other than where the child was stillborn or has died, they are temporarily unable to care for the child (1.1.T.50) or where they have lost care for the child (1.1.L.30)), and
- be working on the day (not applicable in cases of stillbirth, child death, if they have lost care of the child without their consent, if they are a defence force member or law enforcement officer and they have been compulsorily recalled to duty, if they had to comply with a summons or other compulsory process to appear, or if they are a health professional, emergency services worker or other essential worker (1.1.E.95) and they returned to work in response to a state, territory or national emergency).
A person does not need permission to claim in order to make a PPL claim in exceptional circumstances.
Exceptional circumstances criteria
To claim PLP as a PPL claimant under exceptional circumstances the person must have become the primary carer of the child before the child's first birthday or before the first anniversary of the placement of the child for adoption.
They must have care of the child and expect to continue to have care of the child for at least 26 weeks, and either:
- the birth mother or adoptive parent must be incapable of caring for the child (1.1.I.05) and be expected to remain so for at least 26 weeks, or
- Centrelink is satisfied on reasonable grounds that
Act reference: PPLAct section 31AA When a person is eligible for PLP on a flexible PPL day for a child, section 31A Newly arrived resident's waiting period, section 47 When a person is caring for a child, section 54 Who can make a PPL claim or special PPL claim, section 275 How this Act applies to an adopted 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, 2.2 PPL scheme work test for PLP, 2.3 PPL scheme income test for PLP, 2.4 PPL scheme Australian residency test & absences from Australia for PLP, 2.4.3 NARWP for PLP, 4.1.6 Permission to make claims