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.

4.1.10 Claims for PLP & SBP for the same child

Introduction

This topic explains the arrangements that apply when a claimant lodges a claim for both PLP and SBP for a stillborn child.

PLP and SBP cannot both be paid for the same child.

A claimant who meets the eligibility requirements for both PLP and SBP for a child may choose which payment is the best financial decision for their family. A claimant is not prevented from lodging a claim for both payments, but a claimant is able to decide which payment is right for them before lodging a claim, and to lodge a claim for one or the other payment.

Where an individual claims PLP and they or their partner have also claimed SBP for the same child, the Secretary must defer the determination of the SBP claim. The SBP claim cannot be determined until one of the following occurs.

  • If a determination has been made that PLP is payable for the child
    • the instalment period that relates to the first PLP payable day has ended
    • the payability determination is revoked
  • the claim for PLP is rejected (that is, the individual is not eligible for PLP), or
  • the claim for PLP is withdrawn (that is, the individual elects to receive SBP).

If the individual does not advise that they wish to withdraw their PLP claim, the PLP determination will be made when a payability determination is made on a flexible PPL day and the SBP claim will be rejected. If the flexible PPL days are revoked, the SBP claim can be determined.

Where a person makes a claim for PLP and is notified that PLP is not payable for the child either after the period of 52 weeks beginning on the day of the birth of the stillborn child, or in the last 13 weeks of that 52 week period, that person can claim SBP in the 13 weeks after the day that notice is given.

A person will not be eligible to receive SBP for a child if PLP is payable to them or their partner (or their former partner when they were a couple).

Where a person or their partner receives SBP and later decides to claim PLP for the child, any SBP paid for the child will be raised as a debt once a payability determination is made on a flexible PPL day.

Act reference: FAAct section 36 When an individual is eligible for SBP in normal circumstances

FA(Admin)Act section 39 Restrictions on claiming, section 41 Secretary must determine claim

Policy reference: FA Guide 2.12.1 SBP eligibility criteria, 4.15.1 Claims for SBP

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