6.2.2.40 Payability determination for primary & secondary claims for PLP in relation to the maximum PPL period for a child made jointly - secondary claimant to get all the PPL period

Introduction

Primary (1.1.P.240) and secondary (1.1.S.20) claims may be made at the same time where the primary claimant intends to transfer primary care of the child to the secondary claimant at the start of the PPL period so that the secondary claimant is going to receive the maximum PPL period for the child.

If the primary claimant intends to transfer the maximum 12-week PPL period to the secondary claimant and the primary claimant is to receive none of the PPL period for the child, the primary claimant must still make a primary claim for PLP for the child.

If the primary claimant makes an effective primary claim for a PPL period for a child, and a secondary claimant makes an effective secondary claim for a PPL period for the child at the same time, and the primary claimant has requested in the claim that entire PPL period that is or may be payable for the child be paid to the secondary claimant, Centrelink must make a payability determination on the primary and secondary claim under PPLAct section 15.

Firstly, Centrelink must determine that PLP is not payable to the primary claimant in relation to the maximum PPL period for the child. However, Centrelink must be satisfied of some particular aspects of the primary claimant's eligibility before Centrelink may determine that PLP is payable to the secondary claimant in relation to the maximum PPL period for the child. Centrelink must be satisfied that the primary claimant:

• satisfies the work test (1.1.W.30) and income test (1.1.I.20) on the day the determination is being made
• satisfied the Australian residency test (1.1.A.110) on the day the child was born (or placed in the person's care as part of the process of adoption), and
• was not subject to the NARWP on the day the child was born or adopted.

If Centrelink is satisfied that the primary claimant satisfies the work test and income test Centrelink must determine that the primary claimant is conditionally eligible for a PPL period for the child (1.1.C.143).

Secondly, Centrelink must determine that PLP is payable to the secondary claimant for the secondary claimant's PPL period if:

• Centrelink is satisfied the secondary claimant is eligible for PLP on each day in the secondary claimant's PPL period, and
• if the secondary claimant's PPL period starts after the day the child was born, in the period that starts on the day the child was born and ends on the day before the start of the secondary claimant's PPL period
  • Centrelink is satisfied the primary claimant was or will be eligible for PLP on each day in that period
  • the secondary claimant was or will be eligible for PLP on each day in that period, or
  • the primary claimant was or will be eligible on each day in the first part of that period and the secondary claimant was or will be eligible on each day in the second part of that period.

This provision ensures that first the primary claimant and then the secondary claimant is eligible on each day in the period that starts on the day the child is born or adopted and ends on the last day of the secondary claimant's PPL period. It allows for flexibility in the PPL period start date by enabling the start date to occur after the secondary claimant becomes the primary carer, e.g. because the secondary claimant takes paid leave between becoming the primary carer and the start of the secondary claimant's PPL period.

Note: From 1 January 2019, a NARWP applies to PLP. There are a range of exemptions from the effect of the NARWP for PLP and situations where the NARWP does not apply (2.2.4.30).

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

If the secondary claimant is not payable for a PPL period for the child and Centrelink is satisfied that the secondary claimant satisfies the work test and income test, Centrelink must determine that the secondary claimant is conditionally eligible for PLP for a flexible PPL day for the child.

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

If the secondary claimant is payable, the payability determination for the secondary claimant must specify that the secondary claimant's PPL period:

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

Note: If a primary claimant intends to transfer all of the PPL period to a secondary claimant, the secondary claimant's PPL period start day will be the child's maximum PPL period start day that applies to the primary claimant. The primary claimant will nominate a start day that is either the DOB or a later day, and the child's maximum PPL period start day will depend on the interaction of when an effective primary claim and secondary claim are lodged, when the birth verification was provided, and the primary claimant's nominated start day, as explained in 6.2.2.10.