5.1 Employer determinations for PLP
Note: From 1 October 2016, Centrelink must not make an employer determination for a person or their employer if the person is on an income support payment (5.1.1).
This chapter is about employer determinations (1.1.E.60) relating to a claim for PLP. If an employer determination is in force for an employer and a person on a day during a PPL instalment period (1.1.I.80), the employer must pay an instalment of PLP to the person:
- on the payday for the instalment if the instalment is payable to the person in relation to a flexible PPL day that falls within the person's continuous flexible period (1.1.C.145), and
- where the employer has been paid enough (1.1.P.10) to fund the instalment as at the payroll cut-off for the instalment.
An employer determination must not be made for any flexible PPL days that do not fall within the person's continuous flexible period. These will be paid directly by Services Australia.
The terms 'employer' and 'employee' are used in various provisions in the PPLAct and have their ordinary, or common law, meanings. In addition, the PPL Rules extend the PPLAct to persons who are not employees and employers, in relation to law enforcement officers and defence force members.
If Centrelink is satisfied that certain conditions are met (5.1.1), Centrelink must make an employer determination. Not all of these conditions need to be met where the employer elects to pay PLP to an employee and the employee agrees to this.
If Centrelink makes an employer determination for a person and the person's employer, the employer must either give Centrelink an acceptance notice (which contains information necessary to pay PPL funding amounts (1.1.P.180) to the employer) or apply for review of the decision to make an employer determination (5.1.1).