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.

4.2.1.20 Centrelink provision of PLP to individuals

Centrelink required to provide PLP

Centrelink will provide PLP directly to claimants if the conditions for an employer providing PLP are not met, for example, if the claimant is self-employed, or if it is expected that the claimant will receive less than 40 week days' worth of PLP from the employer, or where PLP is payable in relation to a tertiary claim.

Where an employer is providing some of a person's PLP, Centrelink will provide PLP for any payable flexible PPL days that are not part of the person's continuous flexible period (if any).

Change of circumstances

There are other situations where Centrelink eventually provides PLP, even though originally an employer determination was made for a person and their employer. This can occur, for example, as a result of the person's change of circumstances such as resigning from employment, or where the person revokes or becomes ineligible for a flexible PPL day during their continuous flexible period.

Example: Janeen claims PLP and chooses to connect her 30 flexible PPL days to the end of her 12-week PPL period creating an 18-week continuous PPL period. Janeen and her employer meet the conditions for Janeen's employer to provide her PLP to her. 14 weeks into her continuous PPL period Janeen returns to work for 5 days, then resumes her leave. Janeen will be ineligible for flexible PPL on the days she was working, breaking her continuous PPL period. Janeen's employer will not have to provide PLP to her for her remaining flexible PPL days. Payment for these days will be provided to Janeen directly by Centrelink.

This may also occur if the employer experiences a change of circumstances such as ceasing to trade, or where the employer fails to comply with their obligation to accept an employer determination or to provide PLP to their employee. In these situations, Centrelink must revoke the employer determination.

Act reference: PPLAct Part 3-2 Division 2 Payment of instalments by employer, Part 3-3 Payment of instalments by Secretary, Part 3-5 Division 2 Making employer determinations, Part 3-5 Division 3 When an employer determination is in force, Part 3-5 Division 4 Election by employer to pay instalments, section 108 Revocation of an employer determination

Policy reference: PPL Guide 4.3.3 Payment of instalments of PLP by employer, 4.3.6 Payment of instalments of PLP by Centrelink, 6.1.8 Revocation of an employer determination for PLP

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