9 Births & adoptions before 1 July 2023

Introduction

This part provides an overview of the PPL scheme for children born or adopted before 1 July 2023. These rules are reflected in the PPLAct as in force at 25 March 2023, and the PPL Rules as in force at 30 June 2023.

Note: To view a full version of the PPL Guide for children born or adopted prior to 1 July 2023, go to the National Library of Australia Trove page.

Overview

The PPL scheme provides for:

Payments can start from the child's DOB or adoption, or a later date. The PPL period and DAPP period must be fully paid within 52 weeks of the DOB or adoption, commencing no earlier than the birth or placement of the child.

To receive the full amount of the PPL period, the claim needs to be made, and the start date needs to be, within 40 weeks of the DOB or adoption. Flexible PPL days must be taken before the child's second birthday, or second anniversary of entry to care.

To receive the full amount of DAPP, the claim needs to be made within 52 weeks of the DOB or adoption and the start date needs to be within 50 weeks of the DOB or adoption.

Eligibility

To be eligible for PLP or DAPP, a claimant must meet the scheme's:

• work test
• income test, and
• residency test.

In addition to meeting the scheme's work test, income test and residency test, claimants must also meet the below.

Note: If a claimant returns to work before the end of their PPL period or during their DAPP period, their payment will be cancelled from the date they return to work, as they will cease to be eligible for the remainder of their PPL period or DAPP period.

A claimant will continue to be eligible for any remaining flexible PPL days up until the child's second birthday, even if they have periods of work in between the flexible PPL days claimed.

Migrants who are granted a permanent visa or a temporary partner visa are required to serve a NARWP of 104 weeks before they can receive PLP or DAPP. A NARWP also applies to claimants for certain social security payments, FTB Part A and farm household allowance.

There are a range of exemptions from the effect of the NARWP for PLP and DAPP.

Claims

Centrelink cannot make a determination that PLP or DAPP is payable to a person for a child for a period unless the person has made an effective claim for the child.

Claims for PLP or DAPP can be lodged up to 97 days (3 months) before the expected DOB or adoption.

For both PLP and DAPP an effective claim must:

• be in a form and manner required for the type of claim
• be made by a person who can make an effective claim for the relevant claim type
• contains any information or documents required
• contains the claimant's TFN statement.

The following applies to primary claimants of PLP and DAPP claimants:

• the claim is made in the period starting 97 days before the expected DOB, or expected day of placement, of the child and ending on the day before the child's first birthday, or the day before the first anniversary of the day of placement of the child
• states the nominated start date of the relevant payment
• if the claim is made before the child is born or adopted, it states the child's expected DOB, or expected day of placement, or
• if the claim is after the child is born or adopted, it states the child's actual DOB, or actual day of placement.

The following applies to secondary claimants of PLP:

• there is an effective primary claim, and the secondary claim is made in the period starting 97 days before the expected DOB or placement of the child and ending on the day before the child's second birthday or the second anniversary of the child's day of placement
• if the claim is made before the day the secondary claimant expects to become the child's primary carer, the claim must specify the date the claimant expects to become the child's primary carer and contain information about the child's expected DOB or placement, or the claimants expected day of primary care.

If the claim includes flexible PPL days, the claimant must declare they will not be working and will meet residency and primary care requirements on any flexible PPL days claimed.

Only a natural person can make a claim.

A primary claimant for PLP may be:

• the child's birth mother
• an adoptive parent of the child, or
• a person who satisfies the circumstances prescribed by the PPL Rules as being exceptional circumstances in which a primary claim for PLP can be made.

A secondary claimant for PLP may be:

• the partner of a PLP primary claimant
• a person who is a parent of the child and is not the PLP primary claimant, or
• the partner of a person who is a parent of the child and not a PLP primary claimant, or a person who satisfies the circumstances prescribed by the PPL Rules as being exceptional circumstances in which a secondary claim can be made.

In addition to primary and secondary claimants, a person who satisfies the circumstances prescribed by the PPL Rules as being exceptional circumstances in which a tertiary claim can be made, may make a tertiary claim for PLP. A tertiary claimant is a person who has taken on the care of a child in exceptional circumstances before the end of the child's maximum PPL period, and both a primary claimant and a secondary claimant have been determined payable in respect of the child.

A tertiary claimant may have previously been the primary claimant for PLP for the child, or the tertiary claimant may be a different person.

The following people may be able to claim DAPP:

• the biological father of the child
• the partner of the birth mother (including same-sex partners)
• an adoptive parent, or
• a person who satisfies the circumstances prescribed in the PPL Rules.

Initial eligibility & payability determinations

Claims for PLP and DAPP are subject to initial eligibility and payability determinations.

Initial eligibility determinations

An initial eligibility determination may be made where an effective claim has been made, and Centrelink cannot yet make a determination that it is payable to the claimant, for example, because the child has not yet been born and hence the birth has not been verified as required before a payability determination can be made.

Centrelink can make an initial eligibility determination if satisfied that the person satisfies, or will satisfy, particular eligibility criteria.

Payability determinations

Centrelink must make a payability determination about whether the relevant payment is payable to a person if an effective claim has been made.

For PLP different rules apply depending on the type of claim, claimant and whether the claim was made alone or with another claim. There are restrictions that apply to prevent Centrelink from making a payability determination that PLP is payable in some circumstances. There are also general provisions that apply to payability determinations.

For DAPP there are restrictions that apply to prevent Centrelink from making a payability determination that DAPP is payable in some circumstances and general rules that apply to payability determinations.

Payments

Payments made under the PPL scheme for PLP and DAPP are taxable payments. The rate of payment is based on the hourly rate of the NMW.

During the PPL period, PLP is payable for each week day in the instalment period at the daily NMW amount for PLP. Flexible PPL is payable for each day claimed (including weekends) at the daily NMW amount for PLP.

DAPP is payable at the rate of the daily NMW amount for DAPP for each weekday during the person's DAPP period.

The daily NMW amount for PLP and DAPP is 7.6 times the hourly rate of the NMW.

PLP is usually provided by a person's employer where the person:

• has been an employee of the employer for 12 months or more prior to the DOB or adoption of the child
• will be an employee of the employer for their PPL period and, if the person has a continuous PPL period, for their continuous flexible period
• is an Australian-based employee, and
• expects to receive at least 40 consecutive week days of PLP from their employer (including PPL days and flexible PPL days).

In other cases, and for flexible PPL days that are not part of the person's continuous flexible period, Centrelink makes the payment of PLP directly to the parent.

Centrelink will provide DAPP to a claimant.

Interactions with other payments

A person receiving PLP cannot also receive NBS or SBP for the same child. In the case of a multiple birth, a person can receive PLP for one child and NBS or SBP (whichever is relevant) for a second or subsequent child.

A person who receives PLP will not be entitled to FTB Part B during the person's PPL period, their continuous flexible period, or on payable flexible PPL days.

DAPP and NBS or SBP can be received for the same child.