2.6.2 PPL claimant for PLP in exceptional circumstances - any other person

Introduction

A person who is not a parent of the child or a partner of a parent of the child may be a PPL claimant (1.1.P.170) for PLP days, in exceptional circumstances (1.1.E.100).

Eligibility criteria

A person who is not a parent of the child 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:

• 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 a child unless
  • 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 not unless
  • 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

Any person can make an effective claim for 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 day of 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 the adoptive parents 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 of the child 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.

In addition, the following must apply:

• the partner (if any) of the birth mother or the partner of the adoptive parent or parents (as the case requires) is incapable of caring for the child
• the child was not entrusted to the care of the person or the person's partner under a decision of a state or territory child protection agency or a court of a state or territory under legislation dealing with child protection, and
• the Secretary is satisfied on reasonable grounds that
  • the person became the primary carer in special circumstances
  • it would be unreasonable for the partner of the birth mother or partner of the adoptive parent to care for the child, and
  • it is in the interests of the child for the person to care for the child.