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.

4.1.11 Effective claims for PLP (flexible PPL)

Introduction

A claim for flexible PPL is only an effective claim if:

  • it is made by a person who can make an effective primary (4.1.2.10), secondary (4.1.2.20), or tertiary (4.1.2.30) claim
  • it is in a form and manner required for the type of claim, it contains any information required and is accompanied by any documents required
  • it contains the claimant's TFN statement (1.1.T.30)
  • it is made in the period starting 97 days before the expected DOB or placement of the child and ending on the day before the child's second birthday or the second anniversary of the child's day of placement, if before the child's first birthday an effective claim for PLP for the child has been made, otherwise, the child's first birthday or anniversary of placement for adoption
  • the claim for one or more flexible PPL days has had each day specified, and
  • the flexible PPL day specified in the claim is not more than 42 days before the day the claim is made, unless the claimant is a COVID-19 affected claimant (1.1.C.165) or a person who has counted the COVID-19 disaster payment as qualifying work for the purposes of the work test.

In addition, if:

  • the claim is a primary claim and it is made before the child's birth, the claim must specify the child's expected date of birth or anniversary of placement for adoption, or
  • the claim is a secondary claim and it is made before the day the secondary claimant expects to become the child's primary carer, the claim must specify the date the claimant expects to become the child's primary carer.

A flexible PPL claim that does not meet these requirements and does not contain all the information and accompanying documents required by Centrelink is not an effective claim and is taken not to have been made. A claim that is not effective cannot be determined by Centrelink.

A claimant whose flexible PPL claim is not effective may claim again under the PPL scheme.

An effective claim for flexible PPL may be withdrawn or varied before a payability determination is made on it.

Determining a claim to have different flexible PPL days

If one or more flexible PPL days are specified in a claim, Centrelink may determine that the claim is taken to have specified one or more other flexible PPL days in the following circumstance:

  • if the person has claimed flexible PPL days on consecutive weekdays starting on the first weekday after the person's PPL period ends and the start date for the PPL period is different than that anticipated in the claim, then Centrelink can determine that the claim is taken to have specified those flexible PPL days on consecutive weekdays starting on the first weekday after the person's actual PPL period ends.

Note: The claim may specify additional flexible PPL days that do not meet the requirements above, and cannot be determined to be a claim for different days.

Example: Kathleen makes a pre-birth claim for 16 weeks of PLP (a 12 week PPL period and 20 days of flexible PPL) to be taken in a continuous period. She nominates the start date for her PPL period as the date of birth and provides the expected date of birth as 1 August 2021. Kathleen's claim for 20 flexible PPL days to be taken in a continuous period is a claim for 20 flexible PPL days on consecutive weekdays starting from 26 October 2021 (the first weekday after her PPL period is expected to end based on the expected date of birth) and ending on 23 November 2021. In her claim, Kathleen also claims the remaining 10 flexible PPL days to be taken on each Friday, starting on 4 December 2021. Kathleen's baby is born 10 days after the expected date of birth, on 11 August 2021. The start date for Kathleen's PPL period is the baby's date of birth.

Centrelink may determine that Kathleen's claim for 20 flexible PPL days on consecutive weekdays from 26 October 2021 is a claim for 20 flexible PPL days on consecutive weekdays from 4 November 2021 (the first weekday after the end of her PPL period).

Centrelink may not determine that Kathleen's claim for 10 flexible PPL days that are not part of the continuous period to be a claim for different days.

Example: Julieta has a baby on 1 August 2021. She makes a claim on 3 September 2021 for 18 weeks of PLP (a 12-week PPL period and 30 days of flexible PPL) to be taken in a continuous period. Julieta nominates the start date for her PPL period as the baby's date of birth. Julieta's claim for 30 flexible PPL days is a claim for 30 days of flexible PPL on consecutive weekdays starting from 26 October 2021 (the first weekday after her PPL period is expected to end based on the start date for her PPL period nominated in the claim).

As Julieta has claimed PLP more than 28 days after her baby's date of birth, the start date for her PPL period is her date of claim, 3 September 2021. Centrelink may determine that Kathleen's claim for 30 flexible PPL days on consecutive weekdays starting from 26 October 2021 is a claim for 30 flexible PPL days on consecutive weekdays from 27 November 2021 (the first weekday after the end of her PPL period).

Act reference: PPLAct section 34 When a person performs qualifying work, section 55 When a claim is effective, section 56 Requirements of the claim, section 57 Nominated start date, section 58 Expected date of birth and expected day of primary care, section 59 Tax file number statement, section 57A Specification in claim of flexible PPL days for a child etc., section 60 When to claim, section 275 How this Act applies to an adopted child

PPL Rules Part 3 Division 3 Determining a claim to have different flexible PPL days

Policy reference: PPL Guide 1.1.N.20 Nominated start date, 2.2.5 Who is a primary carer for PLP?, 4.1.2 Types of claims & claimants for PLP, 4.1.3 Form of claim for PLP, 4.1.7 When to claim PLP, 4.1.8 Withdrawal or variation of claim for PLP

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