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.

2.7 Who is a special PPL claimant for PLP?

Introduction

There are 2 types of special PPL claimants. They can be a person who is the partner of a PPL claimant in exceptional circumstances, or they can be a person in exceptional circumstances (1.1.E.100) as prescribed in the PPL Rules (2.7.1).

A special PPL claimant can only receive PLP when another person has made a successful PPL claim.

A special PPL claimant who is the partner of a PPL claimant in exceptional circumstances (the first type of special PPL claimants), needs permission to claim PLP for the child from the PPL claimant. The PPL claimant must also give permission for the number of flexible PPL days the special PPL claimant can receive.

Special PPL claimant – partner of a PPL claimant in exceptional circumstances

Where a person has claimed PLP as a PPL claimant in exceptional circumstances, they can give permission for their partner to claim and receive some of the PLP where their partner is also caring for the child. The partner may claim PLP as a special PPL claimant.

Eligibility criteria

Special PPL claimants who are the partner of a PPL claimant in exceptional circumstances must meet eligibility criteria relating to:

In addition, to be eligible on a flexible PPL day they must:

  • meet the Australian residency test (1.1.A.110) on the day and on the DOB of the child
  • be caring for the child on the day (unless their child is stillborn or has died, or they are temporarily unable to care for their child or have lost care of their child without their consent), and
  • not be performing more than one hour of paid work on the day. This criteria not applicable in the following situations
    • if their child was stillborn or has died
    • if they have lost care of their 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 are complying with the requirements of a summons or other compulsory process to appear
    • if they are a health professional, emergency services worker or other essential worker and they have returned to work in response to a state, territory or national emergency.

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).

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