8.1.3 Child stillborn or dies
Introduction
If a claim is made for PLP for a child, and, before or after the claim is made, the child is stillborn or dies, then a reference in the PPLAct (other than section 31AA and section 47) to a claimant caring for a child is taken to be a reference to a person who would have been caring for the child, had the child not been stillborn or died (section 277).
This means that a claim, including:
- a claim where the birth mother would have, or has, relinquished the child, or
- a claim made in exceptional circumstances under the PPL Rules
can be made by a claimant for a child who was stillborn or who has died, and the claimant can correctly establish eligibility.
Claimant eligibility - not exceptional circumstances
If the claim is made in ordinary circumstances, the claimant is eligible for PLP on a flexible PPL day in respect of a deceased or stillborn child on a day if on that day they meet all eligibility requirements, disregarding the requirement that they be caring for the child, and that they are to perform no more than one hour of paid work on a day. They must establish that they would have been caring for the child on that day had the child not been stillborn or died (PPLAct subsection 31AA(3)).
Exceptional circumstances eligibility
Where the claim is made in exceptional circumstances, the claimant must meet the eligibility requirements established by the PPLAct and PPL Rules for the type of claim.
Any reference to the claimant providing primary care under the PPL Rules should also be taken to be a reference to a person who would have been the child's primary carer in the exceptional circumstances, if the child had not been stillborn or died.
Birth mother eligibility - child to be relinquished but stillborn
The PPL Rules provide that where a child is stillborn and, had the child not been stillborn, the birth mother would have relinquished her child:
- for adoption
- because of a surrogacy arrangement, or
- because of a court order which provides for a person or persons other than the birth mother to care for the child
the birth mother may be eligible for PLP on a flexible PPL day, subject to meeting the eligibility conditions other than those relating to caring for the child and performing no more than one hour of paid work.
Birth mother eligibility - child to be relinquished but dies
The PPL Rules provide that where a child has died on a day within 20 weeks of birth and the birth mother relinquished or, had the child not died, would have relinquished her child:
- for adoption
- because of a surrogacy arrangement (1.1.S.100), or
- because the child was removed from the person's care by a state or territory Child Protection Agency
the birth mother may be eligible for PLP on a flexible PPL day, subject to meeting the eligibility conditions other than those relating to caring for the child and performing no more than one hour of paid work.