4.1.7 When to claim PLP
|no effective claim has been made before the child’s first birthday
|the day before the child’s first birthday or the first anniversary of the child’s placement in the case of adoptions.
|an effective claim has been made before the child’s first birthday
|the day before the child’s second birthday or the second anniversary of the child’s placement in the case of adoptions.
Example: If a PPL claim is made 360 days after the child’s birth, the claimant will have made an effective claim for PLP. Additional claimants for the child will then be able to claim flexible PPL days up until the day before the child’s second birthday.
Example: If a PPL claim is made on or after the child’s first birthday and no PPL claim for the child has previously been made, the claimant will not have made an effective claim for PLP. Claimants for the child will be unable to effectively claim any flexible PPL days for the child.
A pre-birth claim for PLP is only effective if made no earlier than 97 days before the expected DOB of the child or expected day of placement for adoption. Ninety seven 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.
Note: In cases of stillbirth, reference to the child’s birthday is reference to the anniversary of day of the child’s delivery.