2.6.2 PPL claimant for PLP in exceptional circumstances - any other person
The PPL Rules prescribe the exceptional circumstances in which any person who has primary care of the child may become a PPL claimant in respect of the child. The specific circumstances relate to situations where the child's previous carer can no longer care for the child, either because of incapacity or for legal reasons.
The person who is a PPL claimant in exceptional circumstances 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).
- be caring for a child (other than where 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
- not be working on the day (not applicable in cases of 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 be able to make an effective claim for PLP as a PPL claimant, the person must have become the primary carer of the child before the child's first birthday or before the first anniversary of the day of placement of the child for adoption.
They must have care of the child and expect to continue to care for the child for at least 26 weeks, and either:
- the birth mother or the adoptive parents, 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
- the person became the primary carer of the child in special circumstances
- it would be unreasonable for the birth mother or adoptive parent of the child to care for the child, and
- it is in the interests of the child for the person to care for the child.
In addition, the following must apply:
- the partner of the birth mother or the partner of the adoptive parent is incapable of caring for the child
- the child was not entrusted to the care of the person or the person's partner because of a decision of a state or territory child protection agency under its relevant legislation
- the Secretary is satisfied on reasonable grounds that
Act reference: PPLAct section 276 How this Act applies to claims made in exceptional circumstances, section 31A Newly arrived resident's waiting period
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