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Eligibility for Parental Leave Pay (PPL) as a primary claimant for children born or entering care before 1 July 2023 007-09020010



Suggested text for Q999

Suggested text for Q999 letters created for primary/secondary claimants when a primary claimant is transferring their PPL entitlement to their partner:

Q999 - Primary claimant only has lodged a claim - customer is transferring their full PPL entitlement and has returned to work before lodging PPL claim

'In your claim you indicated that you have returned to work and intend to transfer your full Parental Leave Pay entitlement to another person. Before we finalise your claim for Parental Leave Pay, the person you intend to transfer your payment to, must lodge their claim. If they do not lodge their claim within 14 days of this notice being issued, Parental Leave Pay may not be payable for <child's name>.'

Q999 NEF text to secondary claimant - primary claimant did not submit an effective PPL claim

'We cannot pay you Parental Leave Pay because <your partner><the person who is transferring their Parental Leave Pay entitlement to you> has not submitted a claim for Paid Parental Leave. To be paid Parental Leave Pay for <CHILD NAME> you will need to contact us once <your partner><the person who is transferring their Parental Leave Pay entitlement to you> has submitted their claim.'

Q999 NEF text to primary claimant - secondary claimant did not submit an effective PPL claim

'We cannot pay you Parental Leave Pay because <your partner><the person you are transferring your Parental Leave Pay entitlement to> has not submitted a claim for Paid Parental Leave. To be paid Parental Leave Pay for <CHILD NAME> you will need to contact us once <your partner><the person you are transferring your Parental Leave Pay entitlement to > has submitted their claim.'

Q999 text to secondary claimant when claim cannot be finalised until closer to the PPL nominated start date

'As the nominated start for your Parental Leave Pay is not until <date>, we cannot finalise your claim until <Nominated Start Date>. If <your partner><the person who is transferring their Parental Leave Pay entitlement to you> changes their nominated start date for the Paid Parental Leave to an earlier date, you will need to contact us on 136 150 so we can assess your claim sooner.'

Q999 NEF text to Secondary Claimant when Secondary claimant is applying for PPL and primary claimant has not transferred any PPL period or Flexible PPL days to them (pre-birth claims only)

'In your claim you indicated that you are claiming Parental Leave Pay.

We cannot pay you Parental Leave Pay because no-one has transferred any Paid Parental Leave to you. To be paid Parental Leave Pay for your newborn you will need to lodge a new claim for Paid Parental Leave if your partner transfers some of their entitlement to you.'

If you wish to claim Dad and Partner Pay, go to Servicesaustralia.gov.au and search Dad and Partner Pay to test your eligibility.'

PPL eligibility scenarios for children born or entering care before 1 July 2023

Table 1

Item

Description

1

Birth mother not eligible due to work test

Sarah and Rob are expecting their first child. Sarah enquires about making a per-birth claim for PPL.

Sarah has not been working and does not meet the work test. Sarah enquires if partner Rob is eligible for PPL instead.

Rob works and has arranged to take leave from work to be at home to care for their newborn child and support Sarah.

As the birth mother, Sarah must be assessed as the primary claimant for PPL unless exceptional circumstance criteria are met. As Sarah intends on caring for the newborn child and is capable of doing so, exceptional circumstances are not met. Sarah must first meet all the eligibility as a primary claimant if Sarah wanted to transfer the PPL to Rob.

PPL provides birth mothers who have been in the work force with the opportunity to take time off work to care for their newborn child and to recover following the birth.

Sarah is advised that the Newborn Supplement and Newborn Upfront Payment is available. Sarah is invited to claim and test eligibility for Family Tax Benefit (FTB). As Sarah’s partner Rob is taking time off work, Sarah is also advised about the possibility of Rob claiming Dad and Partner Pay.

2

Claim lodged by partner of birth mother

John lodges an online claim for PPL on 5 August for baby born on 2 August. A scanned copy of the Newborn Child Declaration (FA081) is provided as proof of birth.

John's partner Julie is the birth mother but John has claimed because Julie is still in hospital and John has taken time off work to care for the family.

Julie is still capable of caring for their baby.

John's PPL claim is rejected reason 'PPC', due to not being considered the primary claimant.

On 21 August, Julie submits an online claim and provides all information required to assess the claim, including work test and income test information. The FA081 lodged by John can be used as proof of the child's birth.

If Julie is not eligible for PPL, for example, because of the work or income tests, John will not be eligible as a secondary claimant. Julie or John:

  • should be invited to claim and test their eligibility for Family Tax Benefit, and
  • be advised that Newborn Supplement and Newborn Upfront Payment may be paid instead

John may also want to claim for Dad and Partner Pay.

3

Primary claimant returns to work - transfer to partner

Sally has a baby on 10 August and lodges a claim for PPL 2 weeks later.

Sally plans to return to work on 5 October (2 months after the birth), and states in the claim that Sally's partner Jim will look after their baby from that date. Sally will only be eligible for PPL up until returning to work.

Jim also lodges a claim and is eligible for PPL, it is agreed that Jim will claim and receive PPL for the remainder of the PPL period. Jim provides all information required for the claim to be assessed.

Sally receives PPL for the period until 4 October, the day before returning to work, and transfers primary care to Jim. Sally's PPL period cancels from 5 October, reason 'TTP' (Transfer portion of PPL entitlement to partner).

Jim also meets all PPL eligibility requirements and receives PPL for the period 5 October to 13 December as a secondary claimant.

As Flexible PPL days can be claimed before or after the primary claimant has returned to work, Sally can:

  • claim them on days that Sally is the child’s primary carer and is not working, or
  • choose to give permission for Jim to claim some or all of the Flexible PPL days

Jim may also want to claim for Dad and Partner Pay.

4

Delayed return to work and paid leave

Naomi is a teacher who is receiving PPL. Naomi plans to return to work on the first day of term despite not receiving the full 12 week PPL period.

Unfortunately, as the baby is unwell for the first 3 days of term, Naomi is unable to leave the baby at child care and applies for carer leave for this period. Naomi has access to 2 days paid carer leave and takes the third day as unpaid carer leave. Naomi starts work on the fourth day of the term.

As Naomi has not performed one hour or more of paid work prior to the fourth day of term, the fourth day is the return to work date. Naomi’s PPL period is paid up to the fourth day of term as she is not considered to have worked on days 1 to 3.

5

Transfer of full PPL entitlement to secondary claimant from date of birth (explaining limited PPL eligibility criteria for the primary claimant)

Mary has a baby on 3 August and lodges a claim for PPL 3 weeks later.

Mary indicates in the claim that Mary wants to transfer the full PPL period and give permission to claim all 30 Flexible PPL days to partner, Paul, from the child's date of birth as Mary had returned to work a few weeks after the birth on 19 August.

As Mary is transferring the full PPL entitlement from the child's date of birth, Mary only needs to meet limited eligibility criteria of the:

  • work test and income test, and
  • residence test on the date the child is born

Before Mary's claim is assessed, Paul needs to lodge a PPL claim at the same time. A Q999 is sent to Mary requesting Paul lodges a claim within 14 days.

6

Transfer full PPL entitlement to secondary claimant from a date after the child's date of birth - primary claimant has only claimed (process of lodging ‘at the same time’)

Fiona has a baby on 4 July and lodges a claim for PPL 4 weeks later.

In the PPL claim, Fiona indicates that Fiona transferred primary care of the child to partner Philip, on 20 July and returned to work on the same day. Fiona also wishes to transfer the full PPL period and give permission to claim all 30 Flexible PPL days to Philip from 1 August.

Fiona meets all PPL eligibility for each day from the child's date of birth, up to and including 19 July (the day before Fiona returned to work). As Fiona is eligible for PPL, Fiona's full PPL entitlement can be transferred to Philip. Before Philip can be paid PPL for the child Phillip must:

  • submit an effective claim at the same time as Fiona
  • be eligible for PPL as a secondary claimant, and
  • satisfy the full PPL eligibility criteria from 20 July, when Phillip became the child's primary carer

Before finalising Fiona's claim for PPL, Philip's claim must be lodged. As Philip has not lodged a claim, a Q999 must be sent to Fiona advising that Philip must submit a claim for PPL within 14 days. If Philip does not submit a claim within the timeframe it may not meet the 'lodged at the same time' criteria. Fiona's claim for PPL will be finalised and deemed not effective with a reason of 'OTH'er.

7

Transfer full PPL entitlement to secondary claimant from a date after the child's date of birth - secondary claimant only has claimed

Lisa has a baby on 20 September. Lisa's partner, Steve, lodges a claim for PPL on 20 October.

In the PPL claim, Steve advises of claiming PPL because Lisa is transferring the full PPL period to Steve. Before assessing Steve's claim, a Q999 must be sent to Steve advising that Lisa must submit a claim for PPL within 14 days before Steve's entitlement to PPL can be assessed.

On 2 November, Lisa lodges a claim for PPL and in the claim indicates that Lisa has returned to work and transferred primary care of their child to Steve on 16 October. Lisa also advises the intention to transfer the full PPL period and all 30 Flexible PPL days to Steve from 16 October.

As the primary claimant's claim must be assessed before the secondary claimant's claim, the Service Officer assesses Lisa's claim first and establishes Lisa meets the relevant PPL eligibility criteria from the child's date of birth up to and including 15 October (the day before returning to work). Lisa's claim is finalised with:

  • a PPL period level rejection REJ-TFR due to transferring the PPL period, and
  • PPL/CZR-FLX as the Flexible PPL days are current with a balance of zero unclaimed days and 30 days given to another person

As Lisa's claim has been finalised, Steve's claim can now be assessed.

Until Steve claims all 30 Flexible PPL days, Lisa can remove permission and claim the days for dates when the child is in Lisa’s primary care.

8

PPL can be backdated to the child’s date of birth if the proof of birth and all other documents have been lodged within 28 days of the birth

Jenny's baby Gabrielle is born on 20 May. Jenny has already lodged a pre-birth PPL claim for Gabrielle on 25 April, which was assessed and awaiting proof of birth.

Jenny uploads the proof of birth via Upload documents on 17 June.

As Jenny has submitted all the required documentation within the 28 day time frame, Jenny's PPL period can begin from Gabrielle's birthdate of 20 May.

9

PPL as income for income support payment

Betty is currently receiving Parenting Payment Partnered (PPP) for Betty's 3 year old child. Betty was working casually for the last 13 months and has submitted an effective PPL claim for the newborn child.

Betty elects to receive PPL for the 18 weeks following the birth of the child by connecting all 30 Flexible PPL days to the end of the PPL period. The PPL income causes Betty's PPP to be 'CAN'celled/'INC'ome. Betty will be required to provide an updated estimate of income for Family Tax Benefit (FTB).

When the PPL payments ceases Betty will need to contact Services Australia to have PPP reinstated.

10

PPL period counts as work for the PPL Work Test

Hilda has a child Horatio, born on 28 December 2020. Hilda was paid PPL for Horatio from 1 April 2021 to 12 August 2021.

On 12 April 2022, Hilda gives birth to another child, Sven.

Hilda can count the previous PPL period as qualifying work towards the work test for the PPL claim for Sven as the previous PPL period occurred within the relevant 13 month work test period.

11

Claim lodged by another person who is not the parent of the child

Jane is 37 weeks pregnant and is seriously injured in a car accident with partner Simon. Jane's baby is delivered alive and immediately placed into the care of Jane's mother Sue, as neither Jane nor Simon can care for the baby. The doctor confirmed that both Jane and Simon are expected to remain in hospital for a minimum of 26 weeks.

Sue lodges a claim for PPL and FTB as Sue needed to cease work to care for the baby.

Sue meets all eligibility criteria and is granted PPL for the baby as a primary claimant in exceptional circumstances as:

  • Sue is expected to have care of the baby for at least 26 weeks, and
  • the baby is under one year of age when entering Sue's care, and
  • the baby was not placed in Sue's care by a state or territory agency, and
  • evidence has been provided to show both the birth mother and the birth mother's partner are incapable of caring for the baby for at least 26 weeks

12

Return to work while child remained in hospital

Kylie’s child Roslyn was born prematurely on 1 February. Following the birth, Roslyn remained in hospital until 3 March.

Kylie returned to work on 15 February and worked until Roslyn was discharged from hospital, commencing maternity leave from work on 3 March. As Kylie returned to work more than 14 days after Roslyn was born and ceased work on the day Roslyn was discharged from hospital, the return to work can be disregarded.

13

Birth mother returned to work less than 14 days after child’s date of birth

Shelly’s child Charlie was born prematurely on 1 February. Following the birth Charlie remained in hospital until 3 March.

Shelly returned to work on 7 February and worked until Charlie was discharged from hospital, commencing maternity leave on 3 March.

As Shelly returned to work within 14 days of Charlie’s date of birth, Shelly is not eligible for PPL.

14

Secondary claimant returned to work less than 14 days after a child’s date of birth in addition to child remaining in hospital following premature birth

Melissa and Daniel’s child Alfie was born prematurely on 1 February. Following the birth, Alfie remained in hospital until 3 March.

Daniel was Alfie’s primary carer from birth. Melissa and Daniel both returned to work on 10 February. On 3 March, when Alfie was released from hospital, Daniel finished work to care for Alfie. Melissa transferred the full PPL entitlement to Daniel and nominated a start date of 3 March. As Daniel is not the birth mother Daniel's return to work within the 14 days following Alfie’s date of birth can be disregarded. Provided Melissa meets the eligibility criteria for a full transfer of PPL and Daniel meets the other eligibility criteria for PPL as a secondary claimant, Daniel is eligible for PPL.

15

Primary claimant in exceptional circumstances

Joanne gave birth to James on 1 December. Due to complications with the delivery, Joanne was placed into coma. Peter, Joanne’s partner, became the primary carer of their newborn child James.

Peter claimed PPL for James 5 December as a primary claimant. Peter provided a letter from Joanne’s doctor confirming Joanne was unable to care for James and that the incapacity was expected to last at least 26 weeks.

Peter was granted PPL from James’ date of birth, as Peter:

  • lodged an effective claim within 28 days of James’s birth
  • met the full eligibility criteria, and
  • provided evidence to support the exceptional circumstance

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