6.2.2.50 Payability determination where secondary claim for PLP in relation to the maximum PPL period for the child made after primary claim

Introduction

A secondary claimant may make a claim for PLP in relation to the maximum PPL period for a child after the primary claimant has made a claim for PLP in relation to the maximum PPL period for a child. This may apply in situations where, for example, the primary claimant claims and intends to take the entire 12-week PPL period, but 8 weeks into her PPL period (1.1.P.200) decides to go back to work and her partner becomes the primary carer of the child.

If a primary claimant makes an effective primary claim for PLP for a PPL period for a child and a secondary claimant makes an effective secondary claim for PLP for a PPL period for the child at a later time, Centrelink must determine the secondary claim under PPLAct section 16.

Note: A secondary claim that is made before a primary claim cannot be determined until an effective primary claim has been made and determined.

Centrelink must be satisfied that PLP is payable to the primary claimant for a PPL period that ends on the day before the day the secondary claimant's PPL period starts.

In a case where the primary claimant's PPL period does not already end on the required day, if Centrelink is satisfied that the primary claimant has ceased to be eligible on the day prior to the first day the secondary claimant is eligible for PLP, Centrelink may review and vary the PPL period set by the primary claimant's payability determination.

Secondary claimant eligibility

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

• a payability determination under section 13 (primary claim made alone) or section 14 (primary and secondary claims made jointly - PLP to be shared) that PLP is payable to the primary claimant was or will be in force on the day before the secondary claimant's PPL period, and
• the secondary claimant was or will be eligible for PLP for the child on each day in the secondary 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 secondary claimant was or will be eligible for each day in the secondary claimant's PPL period, then Centrelink must:

• determine that PLP is not payable to the secondary claimant for a PPL period, and
• if Centrelink is satisfied that the secondary claimant satisfies the work test and income test - determine that the secondary claimant is conditionally eligible for PLP for a flexible PPL day for the child (1.1.C.143).

If Centrelink is satisfied that the secondary claimant was or will be eligible for PLP for the child for each day in the secondary claimant's PPL period, Centrelink must specify in the payability determination that the secondary claimant's PPL period:

• starts on the day after the primary claimant's PPL period ends, 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 that remains in the child's maximum PPL period, or
  • the last day in the child's maximum PPL period that Centrelink is satisfied the secondary claimant was or will be eligible, if the secondary claimant was or will be eligible for a period that is shorter than the child's maximum PPL period end day.