184.108.40.206 Employer determination for PLP reviewed
Where the employer has applied for review of the Centrelink decision to make an employer determination for the person and the employer and the employer determination has not come into force before the 28th day after the start of the person's continuous flexible period (1.1.C.145), Centrelink is required to pay the instalment of PLP that relates to an instalment period that:
- either includes the 28th day after the start of the person's continuous flexible period, or is a later instalment period, and
- starts before the day (the transfer day (1.1.T.90)) on which the employer determination comes into force (if at all).
Following a review, the employer determination for the person and their employer may or may not come into force. If the employer determination does not come into force, Centrelink will continue to pay the remaining instalments of PLP that are payable to the person.
If the employer determination comes into force, the day it comes into force is the transfer day. The employer may become responsible for paying instalments that relate to the period from the transfer day. In practice, Centrelink is likely to continue to pay the PLP instalments to ensure there are no further delays in payments to the person.
In addition to the obligation to provide instalments of PLP from the instalment period that includes the 28th day after the start of the continuous flexible period start date, Centrelink has an obligation to provide arrears owed to the person for instalments that are payable from the start of the continuous flexible period (220.127.116.11).
Act reference: PPLAct section 84 When the Secretary pays instalments, section 85 Payment of arrears—employer determination reviewed or revoked before coming into force, section 86 Payment of arrears—employer determination revoked after coming into force, section 93 Effect on instalment periods of employer determination coming into force after review