2.9 Maximum PLP entitlements

Introduction

A person is not eligible for PLP on a day if they have exceeded their maximum PLP entitlement for the child.

Maximum entitlement for a child

The maximum number of days that can be received for a child for all claimants for the child depends on the date the child was born or adopted:

• 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.

PPL claimant – general

Generally, a PPL claimant who is not partnered at the time of their initial claim can be eligible for up to the maximum number of days for the child. If the person is partnered at the time of claim, some of the entitlement will be reserved for another claimant or claimants (usually the other parent or the partner of the parent), unless an exemption applies (see below). If a reserved period applies, the person can be eligible for up to a lesser number of days, outlined below.

For children born or adopted on or after 1 July 2023 the maximum number of days are:

• if the person is not partnered at the time of claim – 100 days
• if the person is partnered at the time of claim – 90 days, with the remaining 10 days reserved for another claimant or claimants.

For children born or adopted on or after 1 July 2024 the maximum number of days are:

• if the person is not partnered at the time of claim – 110 days
• if the person is partnered at the time of claim – 100 days, with the remaining 10 days reserved for another claimant or claimants.

For children born or adopted on or after 1 July 2025 the maximum number of days are:

• if the person is not partnered at the time of claim – 120 days
• if the person is partnered at the time of claim – 105 days, with the remaining 15 days reserved for another claimant or claimants.

For children born or adopted on or after 1 July 2026 the maximum number of days are:

• if the person is not partnered at the time of claim – 130 days
• if the person is partnered at the time of claim – 110 days, with the remaining 20 days reserved for another claimant or claimants.

PPL claimants in exceptional circumstances - general

A PPL claimant in exceptional circumstances can be eligible for up to the maximum number of days for the child for the applicable year in which they became primary carer for the child, whether or not they are partnered at the time of claim. The reserved entitlement does not apply to these claimants.

A PPL claimant in exceptional circumstances who is partnered can choose to receive the whole entitlement for the child, or they may choose to share their PLP days with their partner (if their partner is eligible as a special PPL claimant). They and their partner cannot exceed the maximum number of days for the child.

A PPL claimant in exceptional circumstances (and their partner where relevant) can receive the maximum entitlement of PLP for the applicable year, even if PLP has been paid to another person or persons for the child (for example, the birth mother).

PPL claimants in exceptional circumstances – surrogacy arrangements

Gaining parents in surrogacy arrangements are subject to the reserved period. This is unlike other PPL claimants in exceptional circumstances where the reserved period does not apply.

If the claimant is not partnered at the time of their initial claim, they can be eligible for up to the maximum number of days for the child. If the person is partnered at the time of claim, some of the entitlement will be reserved for another claimant or claimants, unless an exemption applies.

Special PPL claimants in exceptional circumstances

A special PPL claimant in exceptional circumstances may receive the remainder of the PLP entitlement not already received by previous claimants for the child, up to the maximum entitlement for the child.

Birth mothers relinquishing care of the child

Birth mothers can be eligible for the maximum PLP entitlement for the child for the applicable year in which the child was born, regardless of whether they were partnered at the time of claim, where they have relinquished care of their child for one of the reasons listed below:

• as part of the process for the adoption of the child
• because the child was born because of a surrogacy arrangement, or
• because the child was removed from their care by a child protection agency of a state or territory, or in accordance with a decision of a court of a state or territory, under a law of that state or territory dealing with child protection.

Exemptions to the reserved period for partnered claimants

A person who is partnered at time of claim may receive an exemption to the reserved period if any of the following circumstance are met:

• The partner of the person at the time of their claim is incapable of caring (1.1.I.05) 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.
• The child, or another child born of the same multiple birth as the child, is stillborn (1.1.S.90) or has died.
• The person is experiencing family and domestic violence, or is dealing with the impacts of family and domestic violence.
• The partner of the person at the time of their claim is deployed outside Australia as a defence force member, under conditions specified in a determination made under the Defence Act 1903 that relates to such deployment, for all of the flexible PPL days (1.1.F.70) for the child.
• The child, or another child born of the same multiple birth as the child, was required to remain in hospital after the birth, or was hospitalised immediately after the birth and has been or is likely to remain in hospital for a period of at least 18 weeks.
• The child, or another child born of the same multiple birth as the child, developed a complication or contracted an illness during the period of gestation, at birth or immediately following the birth and because of the complication or illness, the child has higher care needs, and requires medical care or treatment, for a period of at least 18 weeks.

These claimants can receive the remainder of the reserved entitlement for the child, up to the maximum PLP entitlement for the child.

Claimants may be asked to provide evidence to Centrelink to support that they are eligible for an exemption. Appropriate evidence will vary from case to case.

A person separating from their partner after they have claimed PLP does not make them exempt from the reserved period.