5.2.2.20 Payability determination on a PPL claim for PLP

Introduction

If a PPL claimant has made an effective PPL claim for PLP for one or more flexible PPL days for a child, Centrelink must determine the claim under the PPLAct section 13.

In order for Centrelink to make a determination that the PPL claim is payable, Centrelink must be satisfied that the PPL claimant was or will be eligible on the days claimed. This includes a determination of whether they meet the work test and have permission to claim the days.

Work test

If the PPL claimant is:

• a parent (other than an adoptive parent) of the child, and is not the child’s birth mother
• the partner of the child’s birth mother
• the partner of a person who is a parent (other than an adoptive parent) of the child, and is not the child’s birth mother

Centrelink must be satisfied that the birth mother of the child satisfies the work test on the day the determination is made.

If the PPL claimant is the partner of an adoptive parent of the child, the Secretary is satisfied that the adoptive parent who gave the PPL claimant permission to claim days satisfies the work test on the day the determination is made.

Permission to claim days

In order to assess whether PLP is payable to the PPL claimant on a day, where they are:

• a parent (other than an adoptive parent) who is not the child’s birth mother
• the partner of the child’s birth mother, or
• the partner of a person who is a parent (other than an adoptive parent) of the child and is not the child’s birth mother

Centrelink must determine:

• the birth mother has given permission for the PPL claimant to claim PLP for one or more flexible PPL days for the child
• the permission has not been revoked, and
• the number of flexible PPL days in the permission would not be exceeded if a payability determination was made.

In circumstances where the PPL claimant is a subsequent claimant adoptive parent of the child, or the partner of an adoptive parent of the child, Centrelink must determine that PLP is payable to the PPL claimant for each of the days claimed on which all the below criteria are satisfied:

• The PPL claimant has permission to claim PLP for one or more flexible PPL days for the child. Permission can be given from either the first adoptive parent of the child to have been found payable for PLP or, if no adoptive parent has been found payable for PLP for the child, an adoptive parent nominated by the claimant.
• The permission has not been revoked.
• The number of flexible days in the permission would not be exceeded if a payability determination was made.

Centrelink must determine that PLP is not payable to the PPL claimant for each of the days claimed on which the above criteria are not satisfied.

Note: There are some circumstances in which Centrelink is prevented from making a payability determination (5.2.2.50).

Note: A person will not be eligible on a flexible PPL day if the maximum entitlement for the person or the child have been reached.

The payability determination for the PPL claimant must specify the claimed days (if any) for which PLP is payable, and the claimed days (if any) for which PLP is not payable.

Centrelink must make a determination that the PPL claimant is conditionally eligible for PLP for other flexible PPL days for the child (1.1.C.143) if:

• Centrelink determines that PLP is not payable to the PPL claimant on all of the days claimed
• the PPL claimant has not previously satisfied the work test and income test in relation to the child, and
• Centrelink is satisfied that the PPL claimant satisfies the work test and income test on the day the determination is made.