188.8.131.52 DAPP claim - child stillborn or dies
If a claim is made for DAPP for a child, and, before or after the claim is made, the child is stillborn or dies, then a reference in the PPLAct to the DAPP claimant (other than sections 115CB and 115CL) caring for the child is taken to be a reference to the DAPP claimant who would have been caring, had the child not been stillborn or died.
This means that a claim can be made by a DAPP claimant for a child who was stillborn or who has died, and the claimant can correctly establish eligibility.
Act reference: PPLAct section 277 Primary carers when a child is stillborn or dies
Policy reference: PPL Guide 2.3.1 DAPP eligibility overview
Claimant eligibility - not prescribed circumstances
If the claim is made in ordinary circumstances, the claimant is eligible for DAPP 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.
Prescribed circumstances eligibility
Where the claim is made in prescribed circumstances, the claimant must meet all the eligibility requirements established by the PPLAct and PPL Rules for the type of claim.
Any reference to the claimant providing care under the PPL Rules should also be taken to be a reference to a person who would have provided care for the child in the prescribed circumstances, if the child had not been stillborn or died.