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.

5.2.2.30 Payability determination on special PPL claim for PLP

Introduction

If a special PPL claimant has made an effective special PPL claim for PLP for one or more flexible PPL days for a child, Centrelink must determine the claim under the PPLAct section 14.

In order to determine that the special PPL claimant is payable, Centrelink must be satisfied that:

  • a payability determination is in force that PLP for the child is payable to a PPL claimant, and
  • the special PPL claimant was or will be eligible for PLP on the days claimed.

In addition, if the special PPL claimant is the partner of a PPL claimant in exceptional circumstances:

  • the PPL claimant in exceptional circumstances has given permission for the special 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  • the permission has not been revoked, and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.

Centrelink must determine that PLP is payable to the special PPL claimant for each of the days claimed on which the above criteria are satisfied.

Centrelink must determine that PLP is not payable to the special 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 special 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.

If the special PPL claimant is the partner of a PPL claimant in exceptional circumstances, Centrelink must make a determination that the special 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 special PPL claimant on all of the days claimed
  • the special PPL claimant has not previously satisfied the work test and income test in relation to the child, and
  • Centrelink is satisfied that the special PPL claimant satisfies the work test and income test on the day the determination is made.

Act reference: PPLAct section 14 Determination on a special PPL claim, section 15 Permission to claim flexible PPL days for a child, section 31AA When a person is eligible for PLP on a flexible PPL day for a child, section 31AB When a person is not eligible for PLP on a flexible PPL day for a child, section 54 Who can make a PPL claim and special PPL claim

Policy reference: PPL Guide 2.7 Who is a special PPL claimant for PLP?, 5.2.2.50 When a payability determination for PLP cannot be made, 2.9 Maximum PLP entitlements

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