2.6.3 PPL claimant in exceptional circumstances - gaining parent in a surrogacy arrangement

Introduction

A person who is the gaining parent of a child born because of a surrogacy arrangement (1.1.S.100) may be eligible for PLP as a PPL claimant (1.1.P.170) in exceptional circumstances.

Eligibility criteria

A person who is the gaining parent of a child born because of a surrogacy arrangement can be eligible for PLP, if they meet the core PPL claimant 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 the child, unless
  • the child was stillborn (1.1.S.90) 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 perform more than one hour of paid work on the day, unless
  • the child was 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 are performing paid work because they have to comply with 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 in exceptional circumstances 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

In order for the gaining parent of a child born because of a surrogacy arrangement to make an effective claim as a PPL claimant in exceptional circumstances, the following must apply:

• 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
• they became, or are likely to become, the child's primary carer before the child's first birthday, and
• Centrelink is satisfied that it is in the interests of the child for the person to care for the child, taking into account
  • whether the person intends to be the long-term primary carer of the child
  • whether the birth mother has relinquished care of the child, and
  • any other relevant matter.

Matters to consider when working out whether the child was born because of a surrogacy arrangement include:

• whether the child was born as a result of a surrogacy arrangement (however described) that meets the requirements of the law of a state or territory that applies in relation to the surrogacy arrangement, and
• whether a court has made an order relating to who is a parent of the child.