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.

4.3.8.10 Required to pay instalment of PLP after start of PPL period

Introduction

Centrelink or an employer (the payer) may become required to pay an instalment after the start of a person's PPL period (1.1.P.200) where one or more instalment periods would have been payable to the person by the payer from the start of the person's PPL period if the payer had been required to pay instalments from the start of the PPL period.

This situation could occur, for example, where a person claims PLP and verifies the birth of their child (1.1.V.10) on day 28 after the birth, and a week later Centrelink makes a payability determination and the person's PPL period starts from the DOB. In these circumstances, the earlier instalments that would have been payable, are taken to have become payable on the respective paydays for the instalments, and Centrelink or the employer must pay the instalments as soon as practicable after the pay day.

Note: Where the child's birth is not verified within 28 days of the date of birth, the start of the PPL period is not backdated.

Example: PPL period is backdated to the DOB - Andrew and Jeannie lodge a pre-birth claim for PLP in December and nominate the start date for the PPL period as the date of birth of their child. Danielle is born on 1 February, and proof of her birth is provided to Centrelink on 28 February. Centrelink processes the proof of birth and determines on 7 March that Jeannie's PPL period can be backdated to the nominated start date of 1 February, as proof of Danielle's birth was provided within 28 days after her actual date of birth. Jeannie's PPL period commences on 1 February and her first pay day includes instalments from the start of her PPL period.

Act reference: PPLAct section 91 Effect of the Secretary or employer becoming required to pay instalments after start of PPL period, section 96 Paying instalments on a particular day-complying with obligation

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