6.2.3.60 When a payability determination for PLP on a flexible PPL day cannot be made
Introduction
In order for a payability determination to be made that PLP is payable to a person for a flexible PPL day for a child, a person must:
- be eligible for PLP on the relevant day, and
- make an effective claim for PLP for that day.
Even if these 2 requirements are met, Centrelink cannot make a determination that PLP is payable for a flexible PPL day if:
- the child's birth has not been verified, or
- the child was born before 1 July 2020, or
- PLP was or is payable for another child in a multiple birth, or
- the person would only be payable PLP on the basis they are a COVID-19 affected claimant for PLP for a child born after 31 March 2021.
Child's birth has not been verified
Centrelink cannot make a payability determination that PLP is payable to a person for a child unless the primary claimant has verified the child's birth (1.1.V.10).
A primary claim for PLP that is made from 3 months prior to the expected DOB, and up to 28 days after the actual DOB, does not need to be accompanied by birth verification for the child for an initial eligibility determination to be made. However, if a primary claim is lodged in this period and is not accompanied by the birth verification for the child, a payability determination cannot be made on the claim until the birth verification for the child is received by Centrelink.
Note 1: If an effective primary claim is lodged in this period, a determination may be made on the claim that the primary claimant is either initially eligible or is not payable for PLP.
Note 2: A primary claim that is lodged more than 28 days after the child's actual DOB must be accompanied by birth verification. If a person makes an online claim they may satisfy this requirement by providing the birth verification to Centrelink (by post or in person) at around the same time they lodge their claim online.
Birth verification for a newborn child is satisfied if the person:
- provides proof of the child's birth, and
- is a parent of the child (other than an adoptive parent), and
- the child was not stillborn, and
- the person is responsible under state or territory law for registering the birth of the child, and
- the person gives Centrelink information showing that
- the child's birth has been registered under the state or territory law, or
- action has been taken to register the birth under the state or territory law.
Birth verification for a newborn child may be provided by either a birth verification form approved by Centrelink, or a birth certificate.
The birth verification form approved by Centrelink is the 'Newborn Child Declaration' form (FA081) that is usually issued to parents by the hospital or midwife following the birth of a child. The form includes the hospital's or midwife's certification that the child was born. The form also allows the claimant to provide information that the child's birth has been registered or action has been taken to register the birth.
States and territories have primary responsibility for birth registration. Requirements relating to notification and submission of a registration statement are provided in the laws of the individual states and territories. Generally, hospitals are required to notify the Registry of the birth within 21 days of the birth of the child, and parents are required to submit a statement to the Registry within 60 days of the birth of the child.
If a child is stillborn (1.1.S.90), verification of the stillbirth may be provided in a form approved by Centrelink. The birth verification form approved by Centrelink is the 'Claim for Bereavement Payment' form that is usually issued to parents by the hospital. The form includes certification that the child was stillborn. There is no requirement to register the birth of a stillborn child for the purposes of a claim for PLP. If the stillbirth has been registered the birth certificate may be provided as verification.
An adoptive parent may provide adoption papers to Centrelink as proof that the child has entered the person's care as part of the process of adoption.
A person who is a primary claimant for PLP in exceptional circumstances will be required to provide proof to Centrelink that the child has entered their care. The form of proof that is available will depend on the individual circumstances of the case.
Act reference: PPLAct section 6 The Dictionary, section 18 The child's birth has not been verified, section 275 How this Act applies to an adopted child, section 276 How this Act applies to claims made in exceptional circumstances
Child born before 1 July 2020
Centrelink must not make a payability determination that PLP is payable to a person for a flexible PPL day for a child if the child was born before 1 July 2020.
The effect of this provision is varied in relation to an adopted child by section 275, such that a payability determination for PLP for a flexible PPL day may still be made in respect of an adopted child born prior to 1 July 2020 but placed with the adoptive parents of the child as part of the process for adoption on or after 1 July 2020. The child must be under the age of 16 on the day of placement.
Act reference: PPLAct section 19A PLP for flexible PPL days for a child not payable if child born before 1 July 2020, section 275 How this Act applies to an adopted child
Multiple births
Centrelink must not make a payability determination that PLP is payable to a person for a child if the child and another child are born in the same multiple birth event, and PLP is or was payable to the person or another person for another child born in the same multiple birth event.
This restriction applies even if children born in the same multiple birth event are being cared for within different families, for example, as the result of their parents separating.
NBS may be available for other children born in the same multiple birth event.
In the case of adopted children, where 2 or more children were adopted as part of the same multiple adoption, PLP may only ever be payable in respect of one of the children adopted as part of the same multiple adoption.
NBS may be available for other children adopted during the same multiple adoption.
Act reference: PPLAct section 20 Multiple births, section 275 How this Act applies to an adopted child
FAAct Schedule 1 Part 5 Division 1A NBS
Policy reference: FA Guide 1.2.18 Newborn supplement (NBS) - description, 1.2.19 Stillborn baby payment (SBP) - description
Person is a COVID-19 affected claimant for PLP for a child born after 31 March 2021
Centrelink must not determine that PLP is payable to a person if the person is a COVID-19 affected claimant (1.1.C.165) and the child is born after 31 March 2021.