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.

6.2.3.40 Payability determination on tertiary claim for flexible PPL

Introduction

If a tertiary claimant has made an effective tertiary claim for PLP for one or more flexible PPL days for a child, Centrelink must determine the claim under the PPLAct section 17C.

In order to determine that the tertiary claimant is payable, Centrelink must be satisfied that:

  • a payability determination is in force that PLP for the child is payable to a secondary claimant, and
  • the tertiary claimant was or will be eligible for PLP on the days claimed.

Centrelink must determine that PLP is payable to the tertiary claimant for each of the days claimed on which the above criteria are satisfied.

Centrelink must determine that PLP is not payable to the tertiary claimant for each of the days claimed on which the above criteria are not satisfied.

Note: There are some circumstances in which Centrelink is prevented from making a payability determination (6.2.3.60).

The payability determination for the tertiary 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.

Act reference: PPLAct section 17C Determination on a tertiary claim, 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 54 Who can make a primary claim, secondary claim or tertiary claim

Policy reference: PPL Guide 2.2.12 Who is a tertiary claimant for PLP?, 6.2.3.60 When a payability determination for PLP on a flexible PPL day cannot be made

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