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.

4.1.6 Permission to make claims

Introduction

In some cases, a claim for PLP will only be effective if the claimant has permission from another person to make claims.

Permission (and revocation) must be given in the form approved by the Secretary and specify the person to whom the permission is given.

Permission from a birth mother

The following people require permission to make claims from the birth mother in order to make an effective PPL claim (1.1.P.165):

  • A parent (other than an adoptive parent) of the child who is not the child’s birth mother
  • The partner of the child’s birth mother
  • The partner of the parent who is not the birth mother

Note: Birth mothers do not need permission to make a claim.

Permission from an adoptive parent

The partner of an adoptive parent, who is not one of the child's adoptive parents, cannot make an effective PPL claim unless permission to make a claim has been given by:

  • the first adoptive parent to have been found payable for PLP in relation to the child, or
  • if an adoptive parent has not been found payable for PLP in relation to the child, an adoptive parent nominated by the claimant to give permission.

Note: Adoptive parents do not need permission to make a claim.

Permission from a PPL claimant in exceptional circumstances

The partner of a PPL claimant in exceptional circumstances cannot make an effective special PPL claim (1.1.S.55) unless permission to claim has been given by the PPL claimant in exceptional circumstances.

Note: PPL claimants in exceptional circumstances and special PPL claimants in exceptional circumstances do not need permission to make a claim.

Revocation of permission

If a person has given permission for another person to make claims for the child, the person may revoke the permission. Once revoked, the person will no longer be able to make claims for PLP.

Note: Some claimants require permission to claim days in order to be payable (5.2.2.20 Payability determination on a PPL claim for PLP, 5.2.2.30 Payability determination on special PPL claim for PLP).

Act reference: PPLAct section 55 When a claim is effective, section 59A Permission to make claims for flexible PPL days for a child

PPL Rules Part 3 Claims for PLP

Policy reference: PPL Guide 2.6 Who is a PPL claimant for PLP?, 2.7 Who is a special PPL claimant for PLP?, 5.2.2.20 Payability determination on a PPL claim for PLP, 5.2.2.30 Payability determination on special PPL claim for PLP

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