18.104.22.168 Payability determination on secondary claims for flexible PPL
If a secondary claimant has made an effective secondary claim for PLP for one or more flexible PPL days for a child, Centrelink must determine the claim under section 17B of the PPLAct.
In order for Centrelink to make a determination that the secondary claimant is payable, a number of criteria must be met.
Firstly, where a claimant has made a secondary claim in normal circumstances, the secondary claimant must have permission from the primary claimant to make a claim for PLP for flexible PPL days. Centrelink must be satisfied that:
- the primary claimant has given permission for persons to make secondary claims for PLP for flexible PPL days for the child, and
- the permission has not been revoked, and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.
Note: Where a secondary claimant has made a claim for PLP for one or more flexible PPL days in exceptional circumstances (22.214.171.124), a payability determination that PLP is payable can be made even if the primary claimant has not given permission for a secondary claim to be made (126.96.36.199).
Secondly, Centrelink must be satisfied that the primary claimant has met certain eligibility criteria. 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 made if they have not previously satisfied these tests (insert reference), and
- satisfied the Australian residency test (1.1.A.110) on the day the child was born or adopted, and
- was not subject to the NARWP, or was exempt from the NARWP, on the day the child was born or adopted.
Lastly, Centrelink must be satisfied that the secondary claimant was or will be eligible for parental leave pay on the flexible PPL days claimed.
Note: There are some circumstances in which Centrelink is prevented from making a payability determination (188.8.131.52).
Centrelink must determine that PLP is payable for each of the days claimed for which the above criteria is satisfied.
Centrelink must determine that PLP is not payable for each of the days claimed for which the above criteria is not satisfied.
The payability determination for the secondary 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.
Centrelink must make a determination that the secondary 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 to the secondary claimant on any of the days claimed, and
- the secondary claimant has not previously satisfied the work test and income test in relation to the child, and
- Centrelink is satisfied that the secondary claimant satisfies the work test and income test on the day the determination is made.
Act reference: PPLAct section 17B Determination on a secondary claim, section 17D 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 275 How this Act applies to an adopted child
Policy reference: PPL Guide 2.2.10 Who is a primary claimant for PLP?, 2.2.11 Who is a secondary claimant for PLP?, 2.2.2 PPL scheme work test for PLP, 2.2.3 PPL scheme income test for PLP, 2.2.4 PPL scheme Australian residency test & absences from Australia for PLP, 184.108.40.206 Secondary claimant for PLP in normal circumstances - partner of primary claimant birth mother or primary claimant adoptive parent or child's other legal parent or their partner, 220.127.116.11 Secondary claimant for PLP in exceptional circumstances - any other person, 18.104.22.168 Permission to claim flexible PPL days, 22.214.171.124 When a payability determination for PLP on a flexible PPL day cannot be made