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.

4.1.7 When to claim PLP

Introduction

A claim for PLP in relation to the maximum PPL period must be made no earlier than 97 days before the expected DOB or date of placement, and no later than the day before the child's first birthday or the first anniversary of the child's adoption placement.

A pre-birth claim for PLP is only effective if made in the period that starts on the day that is 97 days before the expected DOB of the child or expected day of placement in adoption situations. 97 days is a period equal to approximately 3 months prior to birth/placement, and this is the earliest date from which the claimant could satisfy the work test (1.1.W.30).

Example: A child is due to be born on 26 September. A pre-birth claim may be lodged from 21 June (97 days before 26 September). If a claimant chooses to lodge their claim 3 calendar months before the expected DOB on 26 June, the claim will be lodged within the allowable 97 day period.

The end of the period during which a person may claim PLP in relation to the maximum PPL period is:

  • the day before the child's first birthday, or
  • the day before the first anniversary of the day of the child's placement in adoption situations.

A person who claims PLP less than 12 weeks before the child's first birthday or first anniversary of the day of the child's placement in adoption situations, can only be eligible for PLP for the number of days remaining in the maximum PPL period before the birthday or anniversary.

Example: If a claimant claims at week 46 after the child's birth, the claimant will have made an effective claim and may be eligible to receive PLP in relation to the maximum PPL period for 6 weeks. This is because a maximum PPL period (1.1.M.20) must end on the day before the child's first birthday or the day before the first anniversary of the day of placement of the child.

A claim for PLP for a flexible PPL day must be made no earlier than 97 days before the expected DOB or date of placement, and no later than:

  • the day before the child's second birthday or anniversary of adoption to care if an effective claim for PLP for the child has been made by a primary claimant before the child's first birthday
  • otherwise the day before the child's first birthday or the day before the first anniversary of the child's placement.

Example: If a primary claimant claims at week 51 after the child's birth, the claimant will have made an effective claim and may be eligible to receive one week of PLP in relation to the maximum PPL period and up to 30 flexible days. The claimant then has until the child's second birthday to claim the flexible PPL days.

Example: If a claimant claims at week 60 after the child's birth, the claimant will not have made an effective claim and will not be entitled to any PPL period or flexible PPL days.

Act reference: PPLAct section 55 When a claim is effective, section 60 When to claim, section 275 How this Act applies to an adopted child

Policy reference: PPL Guide 2.2.2 PPL scheme work test for PLP, 6.2 Initial eligibility & payability determinations for PLP

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