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.

2.7.1 Special PPL claimant in exceptional circumstances

Introduction

Claims from special PPL claimants (1.1.S.55) in exceptional circumstances are generally made in respect of unusual situations, where a previous claimant for the child is no longer capable of caring for the child, or where Centrelink is satisfied that it is in the interests of the child to be cared for by the special PPL claimant.

A special PPL claimant in exceptional circumstances can receive the remainder of the PLP entitlement for the child not taken by previous claimants for the child, up to the maximum entitlement:

  • for children born or adopted on or after 1 July 2023 the maximum number of days that can be received for a child is 100
  • for children born or adopted on or after 1 July 2024 the maximum number of days that can be received for a child is 110
  • for children born or adopted on or after 1 July 2025 the maximum number of days that can be received for a child is 120
  • for children born or adopted on or after 1 July 2026 the maximum number of days that can be received for a child is 130.

PLP is not payable to a special PPL claimant in exceptional circumstances unless there is a determination that PLP is payable to a PPL claimant for the child in force.

A special PPL claimant in exceptional circumstances does not need permission from another person to make an effective claim.

General eligibility criteria for special PPL claimants

To be eligible for PLP on a flexible PPL day, a person who is a special PPL claimant must:

  • meet the Australian residency test (1.1.A.110) on that day and on the day the person became the primary carer of the child
  • be caring for the child unless
    • they are temporarily unable to care (1.1.T.50), or
    • they have lost care of the child (1.1.L.30), and
  • not be performing paid work for more than one hour on the day, unless
    • they have lost care of their child without their consent
    • they are performing paid work on a day because they have to comply with a summons or other compulsory process to give evidence or information, or to produce documents or other things
    • they have been recalled to duty (1.1.R.05) as a defence force member or law enforcement officer, or
    • the person returned to work in response to a state, territory or national emergency and they are a health professional, emergency services worker or other essential worker (1.1.E.95).

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).

Note: Special PPL claimants in exceptional circumstances are not required to meet the work test or income test requirements in order to be eligible for PLP.

Note: For special PPL claimants in exceptional circumstances, a reference to the child’s date of birth is a reference to the day the person became the primary carer of the child.

Note: Claimants can receive PLP concurrently with employer-provided paid leave (for example, recreation leave, employer-provided parental leave) and unpaid leave.

Special PPL claimant in exceptional circumstances - partner of the birth mother, partner of an adoptive parent, the other parent or their partner

A person can claim PLP as a special PPL claimant in exceptional circumstances if they are one of the following people:

  • the partner of the birth mother
  • the partner of an adoptive parent
  • a parent of the child that is not the birth mother, or
  • the partner of the parent of the child that is not the birth mother.

All the following criteria must also be met for a person claiming as a special PPL claimant:

  • the child is in their care and has been, or is likely to be, in that care for a continuous period of at least 26 weeks
  • they are, or are likely to become, the primary carer of the child before the child's first birthday or if that child is adopted before the first anniversary of the day of placement of the child for adoption
  • on the day the child came into the care of the person, the child is not entrusted to the care of the person or their partner under a decision by a child protection agency, or by a court of a state or territory, under a law dealing with child protection, and
  • the birth mother or adoptive parent (as relevant) is incapable of caring for the child (1.1.I.05) and has been, or is likely to be, incapable of caring for the child for a continuous period of at least 26 weeks.

Special PPL claimant in exceptional circumstances – other people

All other people can claim PLP as a special PPL claimant in exceptional circumstances if:

  • 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 primary carer of the child before the child's first birthday or if that child is adopted before the first anniversary of the day of placement of the child for adoption
  • on the day the child came into the care of the person, the child was not entrusted to the care of the person or their partner under a decision by a child protection agency, or by a court of a state or territory, under a law dealing with child protection, and
  • either
    • the birth mother and their partner (if any), adoptive parent and their partner (if any) or PPL claimant in exceptional circumstances (as relevant) are incapable of caring for the child and have been, or are likely to be, incapable of caring for the child for a continuous period of at least 26 weeks, or
    • Centrelink is satisfied that
      • the person became the primary carer in special circumstances
      • it would be unreasonable for the birth mother and their partner (if any), adoptive parent and their partner (if any) or PPL claimant in exceptional circumstances (as relevant) to care for the child (1.1.U.10), and
      • taking into account the arrangements for the child's care with the person in comparison with those in the child's pervious family situation, it is in the interests of the child (1.1.I.90) for the person to care for the child.

Example: The child's parents both made successful claims for PLP as PPL claimants. Then 2 weeks after the child’s birth, when both parents had used 2 weeks of PLP each, both parents were killed in a car accident. The child's aunt took on care of the baby. She had not been working for long enough to meet the PPL work test and claim PLP in her own right as a PPL claimant, but she was able to successfully claim the remaining balance of PLP as a special PPL claimant up to the maximum entitlement.

Special PPL claimant in exceptional circumstances – previous PPL claimant

A person can claim PLP as a special PPL claimant in exceptional circumstances if:

  • the person has previously been a PPL claimant for the child
  • 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 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
  • on the day the child came into the care of the person, the child was not entrusted to the care of the person or their partner under a decision by a child protection agency, or by a court of a state or territory, under a law dealing with child protection, and
  • either
    • another person was a PPL claimant or special PPL claimant for the child in exceptional circumstances and those circumstances have ceased to apply, or
    • another person was a PPL claimant or special PPL claimant for the child in exceptional circumstances is incapable of caring for the child and has been, or is likely to be, incapable of caring for the child for a continuous period of at least 26 weeks.

Example: The child's mother had received 2 weeks of her PLP when she was involved in an accident. The mother was hospitalised and in a coma with her future life expectations very uncertain. The child's father became the child’s primary carer and took leave from work. The child's father did not meet the PPL income test so could not claim PLP as a PPL claimant in normal circumstances. The father successfully claimed the remaining PLP for the child as a special PPL claimant in exceptional circumstances. Ten weeks later, the mother had recovered enough to resume primary care of the child. She received the remaining PLP entitlement as a special PPL claimant.

Special PPL claimant in exceptional circumstances – where there has been a previous special PPL claimant in exceptional circumstances

A person can claim PLP as a special PPL claimant in exceptional circumstances if:

  • 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 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
  • on the day the child came into the care of the person, the child was not entrusted to the care of the person or their partner under a decision by a child protection agency, or by a court of a state or territory, under a law dealing with child protection, and
  • either
    • the previous special PPL claimant in exceptional circumstances is incapable of caring for the child and has been, or is likely to be, incapable of caring for the child for a continuous period of at least 26 weeks, or
    • Centrelink is satisfied that
      • the person became the primary carer in special circumstances
      • it would be unreasonable for the previous special PPL claimant in exceptional circumstances to care for the child, and
      • taking into account the arrangements for the child's care with the person in comparison with those in the child's pervious family situation, it is in the interests of the child for the person to care for the child.

Act reference: PPLAct section 14 Determination on a special PPL claim, section 31AA When a person is eligible for PLP on a flexible PPL day for a child, section 31A Newly arrived resident's waiting period, section 31AB When a person is not eligible for PLP on a flexible PPL day for a child, section 54 Who can make a PPL claim or special PPL claim, section 276 How this Act applies to claims made in exceptional circumstances

PPL Rules Part 2 Eligibility for PLP, Part 3 Claims for PLP

Policy reference: PPL Guide 2.1 PLP eligibility overview, 2.4.3 NARWP for PLP, 2.9 Maximum PLP entitlements

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