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.

6.2.2.20 Payability determination on primary claim for PLP made alone in relation to the maximum PPL period for a child

Introduction

Primary claimants for PLP may claim alone or jointly with a secondary claimant. If a primary claimant has made an effective primary claim (1.1.P.240) for a PPL period for a child and another person has not made an effective secondary claim (1.1.S.20) for PLP for the child at the same time, Centrelink must determine the primary claim alone under PPLAct section 13.

Centrelink must determine that PLP is payable to the primary claimant for their PPL period if Centrelink is satisfied that the primary claimant was or will be eligible for PLP for each day in the period that:

  • for a primary claimant in normal circumstances, starts on the day the child was born, and ends on the last day of the primary claimant's PPL period (1.1.P.200), or
  • for a primary claimant in exceptional circumstances, starts on the day the person became the child's primary carer and ends on the last day of the primary claimant's PPL period.

Note: There are some circumstances in which Centrelink is prevented from making a payability determination for a PPL period (6.2.2.70).

If Centrelink is not satisfied that the primary claimant was or will be eligible for each day in the period described above, then Centrelink must determine that the PPL period is not payable to the primary claimant.

If Centrelink is satisfied that the primary claimant was or will be eligible for each day in the eligibility period described above, Centrelink must determine that PPL period is payable to the primary claimant.

If PPL period is payable to the primary claimant, the payability determination must specify that the primary claimant's PPL period starts on the first day for which PLP is payable (the child's maximum PPL period start day) and ends on:

  • the child's maximum PPL period end day if Centrelink is satisfied the primary claimant was or will be eligible on each day in the child's maximum PPL period (the earlier of 83 days after the PPL period start date and the day before the child's first birthday), or
  • the last day in the child's maximum PPL period that Centrelink is satisfied the primary claimant was or will be eligible.

Act reference: PPLAct section 11 The determination must specify the person's PPL period, section 13 Determination on a primary claim made alone, section 275 How this Act applies to an adopted child, section 276 How this Act applies to claims made in exceptional circumstances

Policy reference: PPL Guide 2.2.10 Who is a primary claimant for PLP?, 6.2.2.10 Primary claimant's PPL period, 6.2.2.70 When a payability determination for PLP cannot be made for a person's PPL period

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