5.2.2.50 When a payability determination for PLP cannot be made

Introduction

In order for a payability determination to be made that PLP is payable to a person for a flexible PPL day for a child, a person must:

• be eligible for PLP on the relevant day, and
• make an effective claim for PLP for that day.

Even if these 2 requirements are met, Centrelink cannot make a determination that PLP is payable for a flexible PPL day if:

• the child's birth has not been verified
• PLP was or is payable for another child in a multiple birth
• the person would only be payable PLP on the basis they are a COVID-19 affected claimant for PLP for a child born after 31 March 2021, or
• another person is payable for the flexible PPL day and 10 flexible PPL days have already been taken by more than one person concurrently.

Child's birth has not been verified

Centrelink cannot make a payability determination that PLP is payable to a person for a child unless a PPL claimant has verified the child's birth (1.1.V.10).

An effective claim for PLP that is made from 3 months prior to the expected DOB does not need to be accompanied by birth verification for the child for Centrelink to make an initial eligibility determination or a determination that the person is not payable for PLP.

Note: If an effective claim is lodged in this period, the birth should be verified within 56 days after the expected DOB of the child.

Note: A PPL claim that is lodged after the child's actual DOB must be accompanied by birth verification. If a person makes an online claim they may satisfy this requirement by providing the birth verification to Centrelink (by post or in person) at around the same time they lodge their claim online.

Birth verification for a newborn child is satisfied if the person:

• provides proof of the child's birth
• is a parent of the child (other than an adoptive parent)
• the child was not stillborn
• the person is responsible under state or territory law for registering the birth of the child, and
• the person gives Centrelink information showing that
  • the child's birth has been registered under the state or territory law, or
  • action has been taken to register the birth under the state or territory law.

Birth verification for a newborn child may be provided by either a birth verification form approved by Centrelink, or a birth certificate.

The birth verification form approved by Centrelink is the 'Newborn Child Declaration' form (FA081) that is usually issued to parents by the hospital or midwife following the birth of a child. The form includes the hospital's or midwife's certification that the child was born. The form also allows the claimant to provide information that the child's birth has been registered or action has been taken to register the birth.

States and territories have primary responsibility for birth registration. Requirements relating to notification and submission of a registration statement are provided in the laws of the individual states and territories. Generally, hospitals are required to notify the Registry of the birth within 21 days of the birth of the child, and parents are required to submit a statement to the Registry within 60 days of the birth of the child.

If a child is stillborn (1.1.S.90), verification of the stillbirth may be provided in a form approved by Centrelink. The birth verification form approved by Centrelink is the 'Claim for Bereavement Payment' form that is usually issued to parents by the hospital. The form includes certification that the child was stillborn. There is no requirement to register the birth of a stillborn child for the purposes of a claim for PLP. If the stillbirth has been registered the birth certificate may be provided as verification.

An adoptive parent may provide adoption papers to Centrelink as proof that the child has entered the person's care as part of the process of adoption.

A person who is a PPL claimant in exceptional circumstances will be required to provide proof to Centrelink that the child has entered their care. The form of proof that is available will depend on the individual circumstances of the case.

Multiple births

Centrelink must not make a payability determination that PLP is payable to a person for a child if the child and another child are born in the same multiple birth event, and PLP is or was payable to the person or another person for another child born in the same multiple birth event.

This restriction applies even if children born in the same multiple birth event are being cared for within different families, for example, as the result of their parents separating.

NBS may be available for other children born in the same multiple birth event.

In the case of adopted children, where 2 or more children were adopted as part of the same multiple adoption, PLP may only ever be payable in respect of one of the children adopted as part of the same multiple adoption.

NBS may be available for other children adopted during the same multiple adoption.

Person is a COVID-19 affected claimant for PLP for a child born after 31 March 2021

Centrelink must not determine that PLP is payable to a person if the person is a COVID-19 affected claimant (1.1.C.165) and the child is born after 31 March 2021.

Limit on number of flexible PPL days for which PLP is payable to more than one person (concurrency)

Generally, a person may be payable on a day on which another person is already payable for PLP, for no more than 10 flexible PPL days.

However, a person may be payable on a day on which another person is already payable for PLP for more than 10 days if:

• as a result of any of the following applying, it would be unreasonable to count the day towards the total of 10 flexible PPL days
  • the birth parent underwent a caesarean delivery or developed a complication or medical condition in connection with the child’s birth
  • the child was required to remain in hospital after the child’s birth, or was hospitalised immediately after the child’s birth and the child has been or is likely to remain in hospital for a period of at least 14 days
  • the child developed a complication or contracted an illness during the period of gestation, at birth or immediately following the birth and because of the complication or illness, the child has higher care needs and requires an extended period of medical care or treatment, or
  • the claimant is affected by a severe medical condition
• the child is stillborn or has died
• the child was born as part of a multiple birth (including twins), or
• any other reason that Centrelink is satisfied would make it unreasonable to count the day towards the total of 10 flexible PPL days.

Claimants may be asked to provide evidence to Centrelink to show that one of these circumstances applies to them.

If determining if a circumstance would make it unreasonable to count the relevant day towards the 10 flexible PPL days, Centrelink should consider if the circumstance has:

• affected the person’s ability to care for the child on their own such that they require additional support from their partner. This might apply, for example, where a person is suffering post-natal depression or is recovering from a caesarean or non-caesarean delivery
• caused significant stress, beyond that expected following a birth, for example where a newborn is hospitalised for 14 or more days and both parents wish to attend the hospital, or
• resulted in the child having higher care needs than expected following a birth and the child requires the support of 2 carers, for example where a child is born with a birth defect that requires ongoing medical care.

Complication or illness contracted during gestation, at birth or immediately following the birth resulting in higher care needs and extended period of medical care or treatment

For it to be considered unreasonable to apply a 10 day limit on concurrency because of a complication or illness of the child, the complication or illness must result in care needs that are higher than that expected following the birth of a child, as well as an extended period of medical care or treatment.

The existence of a complication or illness does not in and of itself satisfy the exception. Consideration must be given to the particular care needs and medical requirements in each case.