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.

2.6.1 PPL claimant in exceptional circumstances – parent of the child or partner of a parent of the child

Introduction

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.

Eligibility criteria

A person who is the parent of the child (who is not the birth mother) or a partner of a parent of the child can be eligible for PLP, if they meet the core PPL requirements (2.1) relating to:

They must also:

  • be caring for the child, unless
    • the child was stillborn or has died
    • they are temporarily unable to care for the child (1.1.T.50), or
    • they have lost care for the child (1.1.L.30), and
  • not be performing more than one hour of paid work on the day unless
    • the child is stillborn or has died
    • they have lost care of the child without their consent
    • they are a defence force member or law enforcement officer and they have been compulsorily recalled to duty
    • they have performed work because they had to comply with the requirements of a summons or other compulsory process to give evidence or information, or produce documents or other things, or
    • 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 PPL claimant cannot be eligible for a flexible PPL day that exceeds their maximum PLP entitlement (2.9).

A person does not need permission to claim in order to make a PPL claim in exceptional circumstances.

A PPL claimant in exceptional circumstances may give permission to claim PLP to their partner as a special PPL claimant in exceptional circumstances.

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).

Exceptional circumstances criteria

A person who is a parent or a partner of a parent of the child can claim PLP as a PPL claimant under exceptional circumstances if:

  • the person became 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, and
  • the child is in the care of the person and has been, or is likely to be, in that care for a continuous period of at least 26 weeks, and either
    • the birth mother or adoptive parent or parents (as the case requires) are incapable of caring for the child (1.1.I.05) and are expected to remain so for a continuous period of at least 26 weeks, or
    • Centrelink is satisfied on reasonable grounds that
      • the person became the primary carer in special circumstances
      • it would be unreasonable (1.1.U.10) for the birth mother or adoptive parent or parents to care for the child, and
      • it is in the interests of the child (1.1.I.90) for the person to care for the child.

Act reference: PPLAct section 31AA When a person is eligible for PLP on a flexible PPL day for a child, section 31AB When a person is not 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, 2.5 Caring for a child, 2.9 Maximum PLP entitlements, 2.4.3 NARWP for PLP, 4.1.2.10 PPL claimants for PLP, 4.1.6 Permission to make claims

Last reviewed: