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).

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.

Eligibility criteria

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).

They must:

• 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.

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

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
  • the person became the primary carer in special circumstances
  • it would be unreasonable (1.1.U.10) 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 (1.1.I.90) for the person to care for the child.