Skip to navigation Skip to content

Paid Parental Leave scheme Work Test 007-05020030

Expand/Collapse all sectionsExpand all



This procedure outlines the Paid Parental Leave scheme work test for Parental Leave Pay (PPL).

On this page:

Work test period and qualifying work for PPL

Exceptions to the work test

Dangerous Job Provision

Work test period and qualifying work for PPL

Table 1

Expand table

Step

Action

1

When the work test applies

Most PPL customers must meet the work test:

  • performed at least 330 hours of qualifying work for a period spanning 295 consecutive days (approximately 10 months) within the 392 day work test period (approximately 13 months), and
  • not had a break of more than 84 consecutive days (12 weeks) between 2 qualifying work days in the 295 day (approximately 10 months) qualifying period

This includes:

  • a PPL claimant in normal circumstances, and
  • PPL claimants in exceptional circumstances

A special claimant in exceptional circumstances may not need to meet the work test.

Note: in most cases, a PPL claimant in normal circumstances (who is not the birth mother) is required to meet the work test and so is the birth mother. Exception to this are adoptive parents, where both parents are listed on the adoption papers. They are assessed on their work test eligibility only.

If a birth mother claimant in normal circumstances has claimed first and this claim has been assessed. Then the subsequent PPL claimants work test only, is to be assessed, as the birth mothers work test was reviewed previously.

2

Evidence

Service officers must not issue a written request for evidence of family and domestic violence.

Service officers assessing PPL claims must review the work test and employment information provided in the claim. If a service officer is not satisfied the customer has met the work test based on this information, they should check previously recorded information on the customer's record to help make their decision. This includes:

  • received and reported income for income support payments (Select employer from Employment income summary (EANS) screen and expand EAPP table)
  • previous PPL days paid for older children within the work test period (P1FLX screen)
  • child care attendance reports (Select Child Care from the customer record and expand the Session Reports)
  • FTB estimated income - FAO Income Previous year (FIPY) screen
  • scanned documents previously supplied by the customer

After reviewing all the available information, if a service officer remains unsatisfied the work test has been met, contact the claimant to discuss work performed during the work test period. Make 2 genuine attempts to contact the customer. Before calling, send a Desktop Electronic Message if the customer is subscribed.

If contact is unsuccessful send a request for evidence to support the work test.

If a claimant is either the birth mother or adoptive parent, only they need to meet the work test (or satisfy an exception).

If another person claims PPL in normal circumstances, for example, biological father or partner of birth mother, both they and the birth mother need to meet the work test. If the service officer remains unsatisfied that either the birth mother, the other claimant or both claimants meet the work test, 2 genuine attempts to contact the claimants/s must be made. Before calling, send a Desktop Electronic Message if the customer is subscribed.

If contact is unsuccessful, send a request for evidence to support the work test.

If the birth mother or the adoptive parent has been asked to complete the approval task and they are advising they meet the work test, evidence is not required unless there is cause to doubt the work test has been met.

For assistance with requesting evidence, see Information requests for FTB and PPL claims, and Add Newborn and PPL change of circumstances activities.

3

Current employment

Current or continuing employment is not a requirement of the work test. A customer may not be currently employed or may be planning to resign from their employment at the time they lodge their claim and can still meet the work test based on their employment during the 10 month (295 day) qualifying period.

If some of the qualifying period is in the future, consider if evidence to support the work test is required.

Once it is determined that a customer meets the work test, they are required to advise any changes that will result in them failing the work test.

Is the customer and/or their partner receiving, or has received an Income Support Payment (ISP) during the qualifying work period?

4

ISP customers

If the customer (or their partner) has received or will be receiving an ISP during the qualifying period, check the following screens to help determine if the customer meets the work test:

  • Allowance/Benefit History (ABH) screen for information about the period the customer has been on income support payment
  • Pensions Status History (PNSH) screen for information about the periods the customer has been receiving a pension
  • Employment income summary (EANS) screen for any reported employment income/hours
  • Real Estate/Business Summary (REBS) screen for business income
  • Income Maintenance Period (IMPS) screen for any paid leave received. Note: redundancy and termination payments are not considered paid leave
  • Parental Leave Pay PPL Calculation Summary (P1RCS) screen for information about the periods the customer has been receiving PPL
  • PPP Change History (PGCH) screen for information about the period the customer has been on Parenting Payment - Partnered
  • PPP Income Summary (PGIA) screen for summary of income about the periods the customer has been receiving Parenting Payment - Partnered
  • Newstart Income Summary (NIS) screen for summary of income about the period the customer has been receiving JobSeeker Payment (JSP)
  • Factors Affecting Rate (PFAR) screen for summary of income about the periods the customer has been receiving a pension
  • FAO Income Summary (FINS) screen for summary of the customer total adjusted taxable income
  • Taxable Income summary (TXGS) screen for the customer's previous income history

If the customer has indicated they have met the work test, but information on the customer's record for the qualifying period contradicts this, evidence is required.

Is evidence to support the work test required?

5

Has evidence been provided for ISP customer?
  • Yes, assess the PPL work test with evidence supplied. If the evidence provided indicates that the ISP customer has:
  • No, if the allowable time has been given and the customer has still not provided the requested documents, claim should be made Non Effective (NEF) Information/details not provided (INF)
    • On the Final Details page of the request for information, add the below text in Staff Notes:
      'Information in the PPL claim indicates that work history/income does not correctly reflect information recorded for income support payment. Evidence was requested as part of the customer's PPL claim. Customer did not return requested evidence of work history and claim has been made not effective (NEF) FRC. Follow up required for customer's income support payment.'
    • This will be allocated by Workload Manager to appropriately trained staff to review
    • Procedure ends here

6

Further follow up required for ISP customer undeclared employment income

Although the customer has provided payslips to support they meet the PPL work test, if it is identified that the customer has under declared this income, additional evidence may be required where the customer was employed before the beginning of the work test period. Determine the date range of payslips/evidence required. This may be different from the PPL work test period. Consider:

  • period of ISP eligibility
  • employment income already declared
  • Information provided in the PPL claim:
    • start date with employer
    • work test period
    • any paid or unpaid leave periods
    • previous PPL entitlement periods

Use Request Documents in Process Direct to request payslips for the period of undeclared employment income.

Make sure that the correct ISP benefit and authority to request is selected when contacting an ISP:

  • claimant
  • recipient
  • ex-recipient

On the Final Details page of the request for information, add the following text into the Staff notes:

Evidence on file

  • Information in the PPL claim indicates that work history/income does not correctly reflect information recorded for income support payment. Evidence supplied as part of the customer's and/or partner's PPL claim indicates income was not correctly declared. <Evidence, for example, payslips> are available within Documents Icon. Follow up required for customer's income support payment

This will be allocated by Workload Manager to appropriately trained staff to review.

Go to Step 8.

7

Qualifying work

A customer is considered to have worked on a day when at least one hour of qualifying work has been performed on that day.

Previous PPL days paid in the 13 months before the birth or adoption of a second and subsequent child will count as 'qualifying work' towards the Paid Parental Leave scheme work test. If a customer includes a previous day of PPL in the work test, a day will count as 7.6 hours.

Qualifying work includes paid work or paid leave such as:

  • work performed (whether or not the work was performed in Australia) as an employee, contractor, self-employment, or any form of gainful activity for reward or financial gain
  • work for non-cash benefit, for example, the use of a car
  • gainful activity such as carrying on a business or working for a trust operating as a business

Note: when working for a non-cash benefit, customers may be required to show that they would not have still received the benefit if they had not worked. The benefit of performing the work must be for financial gain or reward.

Qualifying work may include:
  • jury services
  • time spent as a full-time member of the armed services or as a Defence Reservist
  • work by prisoners in formal prisoner employment programs
  • farm labour as part of exceptional circumstances relief payment
  • work at an Australian Disability Enterprise
  • operating a business under the New Enterprise Incentive Scheme (NEIS)/Self-Employment Assistance
  • previous PPL days

Paid leave includes:
  • paid recreation, maternity, carer's or sick leave, or
  • unpaid leave while receiving worker's compensation, accident compensation or similar payments for an injury/illness related to your employment

Paid work does not include:
  • periods of unpaid leave, including unpaid maternity leave
  • activities that are essentially passive:
    • earning income from interest or shares (if a claimant has an Australian Business Number (ABN) that indicates the income is not being earned passively)
  • the only remuneration is a social welfare payment
  • volunteering, even if financially rewarded by honoraria or similar payments
  • hours of study undertaken under a scholarship or an award of financial aid
  • outstanding leave paid as part of a redundancy or termination payment

Scholarships:

A scholarship provided by an institution to enable a person to conduct their research/studies to attain a degree will not count towards the PPL work test. This is because study, regardless of if there has been a scholarship granted in respect of their research/studies, is not considered paid work for the PPL work test.

However, a PPL customer who undertakes work in addition to their research/studies may have this work count towards the PPL work test. For example, tutoring at a university.

Examples

The Resources page has examples of the work test period and qualifying period.

8

Work test period - PPL customer

The work test period is the period of 392 days (approximately 13 months) immediately before the child's:

  • expected date of birth/entry into care for pre-birth claims, or
  • actual date of birth/entry into care for post-birth/care claims

Customers can have a break of more than 12 weeks during their work test period and still have a 295 day (approximately 10 month) qualifying period.

If the customer:

  • has stopped work because they worked in a dangerous job that was a risk to their pregnancy and
  • they do not meet the work test above, then
  • the work test period can be moved to an earlier period

The work test period will be moved to the period of 392 days (approximately 13 months) immediately before the date the customer has stopped work.

Note: the Dangerous Job provision is only applicable for birth mothers.

9

Permissible and non-permissible breaks and the qualifying period

The qualifying period is a 295 consecutive day (approximately 10 month) period within the 13 month work test period. A customer can have one or more permissible breaks between 2 days within the qualifying period.

A permissible break:

  • is not more than 84 days, or
  • started before, and ended after, the start of the work test period and is not more than 84 days

To determine if the customer has a qualifying period, take into consideration any:

  • evidence available to determine if the work test has been met, and
  • non-permissible breaks - which are breaks of more than 84 days (12 weeks) between 2 consecutive working days in the 295 day qualifying period)

Note: customers cannot have a non-permissible break in their 10 month (295 days) qualifying period unless this is due to:

  • pregnancy-related complications/illness, or
  • a premature birth
  • special circumstances

Paid leave such as extended recreational, long service leave does not count as a non-permissible break as it is paid and counts towards the work test.

Has the customer had a non-permissible break between 2 consecutive working days in the 295 days (approximately 10 month) qualifying period?

10

Qualifying work

Has the customer performed at least 330 hours of qualifying work within the 295 days (approximately 10 months) qualifying period without a non-permissible break within the 392 days (approximately 13 month) work test period?

11

Check eligibility

Check the customer meets the other PPL eligibility criteria.

If there was any doubt in the customer meeting the PPL work test, staff must document the reason for the decision (including any evidence provided) in the finalisation Note when completing the claim.

Procedure ends here.


Exceptions to the work test

Table 2

Expand table

Step

Action

1

Work test exemptions

To meet the work test the customer must have worked (or would have worked had it not been for their exception reason) at least 330 hours during the 295 day (approximately 10 month) qualifying period.

For more details about customers experiencing vulnerability, see Identifying customer vulnerability and risk issues.

Did the customer experience any of the following exceptions?

2

Pregnancy-related complications or illness

The child's birth mother (the customer) was prevented from undertaking some or all of their qualifying work due to:

  • an illness or complication related to the pregnancy, or
  • a complication or illness they had before the pregnancy that was exacerbated due to the pregnancy

In these cases, the days/hours of work the customer would have performed may be included when assessing the work test.

Verification of complication or illness related to the pregnancy

The customer must provide:

  • verification from the doctor, midwife and/or hospital to confirm:
    • what the complication or illness is and that this is a direct result of the pregnancy, or the pre-existing condition was exacerbated as a direct result of this pregnancy and this condition prevented or reduced their ability to work, and
    • when the complication/illness started, and
    • which dates the complication/illness prevented or reduced the customer's ability to perform qualifying work
  • verification from customers employer (when customer is not self-employed):
    • the customer would have continued to work during the PPL work test period
    • the date the customer stopped work
  • verification for self-employed customers, evidence may include but is not limited to:
    • existing and new contracts
    • self-declaration of self-employment status and the intention for the business to continue
    • a letter/declaration from their accountant confirming past and expected future of business
    • customer notifications of change to business activity, and
    • employment of a staff member to perform customer's work

The Resources page has examples and a detailed table for service officers to use to test if a customer meets the requirements of a pregnancy-related complication/illness under S36A of the PPL Act 2010.

If the customer is the child's birth mother, were complications/illnesses experienced during the pregnancy, which caused the customer to stop or reduce their hours of work?

3

Verification of complication or illness related to the pregnancy

The Resources page has examples and a detailed table for service officers to use to test if a customer meets the requirements of a pregnancy-related complication/illness under S36A of the PPL Act 2010.

Has the customer provided the required evidence to verify they had a pregnancy related complication/illness?

  • Yes, and the service officer is satisfied that the customer has met the work test:
    • Include the hours of qualifying work the customer would have worked had the complications of the pregnancy not occurred
    • Update the PPL Work Test History (P1WH) screen (in Process Direct) work test indicator to 'Y'
    • Procedure ends here
  • No, go to Step 7

4

Severe medical condition

This can apply if the customer:

  • was affected by a severe medical condition that prevented them from performing paid work during their work test period, or
  • was caring for a close family member affected by a severe medical condition and providing this care affected their ability to perform paid work during their work test period

Severe medical condition includes severe illness and severe injury.

Customers are required to provide evidence:

  • of the severe medical condition they or their family member were affected by, and
  • they would have worked during their work test period had it not been for the severe medical condition

Note: for this exception, a close family member is defined as:

  • partner
  • child (natural, adopted or step-child)
  • sibling (natural, adopted or step-sibling)
  • parent (natural, adopted or step-parent)
  • partner's parent (natural, adopted or step-parent)
  • a person the customer has legal guardianship over

For Aboriginal and Torres Strait Islander peoples, 'family member' includes cultural kinship relationships.

Verification of severe medical condition

The customer is required to provide evidence to support they were affected by a severe medical condition. Acceptable evidence from the doctor or hospital must confirm:

  • what the severe medical condition was
  • who experienced the severe medical condition
  • the period the customer was affected by the severe medical condition, or the period they were required to care for their family member with the severe medical condition, and
  • the severe medical condition prevented or reduced the customer's ability to work, or required them to provide care for their family member

When assessing the medical evidence a service officer needs to consider if the medical condition:

  • would have prevented the customer from performing paid work. Consider the severity of the condition as well as the nature of the person’s job
  • of their family member and the level of care they required would have prevented the customer from performing paid work. Consider the severity of the condition as well as the level of care required

Verification of employment

The customer must also provide evidence from their employer confirming:

  • the period the customer was/is unable to work, and
  • that the customer would have worked during the work test period if:
    • they were not affected by the severe medical condition, or
    • had to care for their family member affected by a severe medical condition

Self-employed customers can provide documents from the following list to show their intention to work during the work test period:

  • existing and new contracts
  • a letter or declaration from their accountant confirming past and expected business activity
  • customer notifications of change to business activity
  • employment of a staff member to perform their usual work activities
  • self-declaration of self-employment status and the intention for the business to continue

When assessing the employment evidence, service officers need to be satisfied the person would have met the work test if the medical condition had not existed. The evidence needs to show that the customer would have met the work test requirements had they worked during the exception period, taking in to account their usual hours and pattern of work.

A customer must have a genuine connection to the workforce. In most cases, this cannot be demonstrated if the customer has not performed any qualifying work in their work test period. If a customer has not performed any qualifying work in their work test period, service officers need to consider if the customer has a genuine ongoing connection to the workforce. Consider a customer’s work history, leave and if they intend to return to employment with employer.

Has the customer provided the required evidence to verify they had a severe medical condition, or were required to provide care to a close family member with a severe medical condition, and evidence of employment?

  • Yes, and the service officer is:
    • satisfied that the customer has met the work test, go to Step 8
    • not satisfied the customer has met the work test, go to Step 9
  • No, the customer has not provided required evidence, go to Step 7

5

Natural disaster

This can apply if:

  • the customer was affected by a natural disaster, such as a bushfire, flood or major storm, which prevented them from performing paid work during their work test period, and
  • the natural disaster was declared by either the:
    • Commonwealth, or a State or Territory, or
    • a Commonwealth, State or Territory authority responsible for managing responses to natural disasters. See the Resources for a link to the Disaster Assist website to determine if the disaster has been declared

Customers are required to provide evidence:

  • they were severely affected by a natural disaster, and
  • they would have worked during their work test period had it not been for the natural disaster

Verification of natural disaster

The customer is required to provide:

  • evidence to support they were severely affected by a natural disaster declared by the Commonwealth or a state or territory, and
  • the address or location where they were affected, such as their home or work

Acceptable evidence includes:

  • evidence of major damage to the customer's home, such as an insurance claim, building report, invoices for completed repairs or quotes for scheduled repairs
  • lease agreement or letter from their real estate agent
  • drivers licence
  • utility notice or rates notice in the customer's name
  • media articles showing impacts of the disaster on the community
  • a letter from the customer's employer, if the workplace was affected by the disaster
  • a statutory declaration explaining how they were impacted

Staff must check if the natural disaster has been declared. The Resources page has a link to the Disaster Assist website that lists disasters that have been declared by the Commonwealth, a State or Territory.

Verification of employment

The customer must also provide evidence from their employer confirming:

  • the period the customer was/is unable to work; and
  • that the customer would have worked during the work test period if they were not severely affected by the natural disaster

Self-employed customers can provide documents from the following list to show their intention to work during the work test period:

  • existing and new contracts
  • a letter or declaration from their accountant confirming past and expected business activity
  • customer notifications of change to business activity
  • employment of a staff member to perform their usual work activities
  • self-declaration of self-employment status and the intention for the business to continue

When assessing the employment evidence, service officers need to be satisfied the person would have met the work test if the natural disaster had not occurred. The evidence needs to show that the customer would have met the work test requirements had they worked during the exception period, taking in to account their usual hours and pattern of work.

A customer must have a genuine connection to the workforce. In most cases, this cannot be demonstrated if the customer has not performed any qualifying work in their work test period. If a customer has not performed any qualifying work in their work test period, service officers need to consider if the customer has a genuine ongoing connection to the workforce. Consider a customer’s work history, leave and if they intend to return to employment with employer.

Has the customer provided the required evidence to verify they were severely affected by a natural disaster and evidence of employment?

  • Yes, and the service officer is:
    • satisfied that the customer has met the work test, go to Step 8
    • not satisfied the customer has met the work test, go to Step 9
  • No, the customer has not provided required evidence, go to Step 7

6

Family and domestic violence

This can apply if the customer was prevented from performing paid work during their work test period because they:

Customers are required to provide:

  • information that will help a social worker determine if the customer has been affected by family and domestic violence, and
  • evidence that they would have worked during their work test period had it not been for the family and domestic violence

Verification of family and domestic violence

Service officers must not issue a written request for evidence of family and domestic violence.

Family and domestic violence claims must be referred to a social worker who will undertake an assessment to decide if the family and domestic violence affected the customer's ability to work during their work test period. For details of the social worker referral process, see Pre-processing checks for standalone and combined claims for family assistance and/or Paid Parental Leave payments.

If there is enough evidence already on the customer's record, the social worker may complete a file assessment. If required, the social worker may contact the customer to discuss their circumstances over the phone. The Social worker:

  • may be able to verify the customer's circumstances over the phone with third parties, or
  • may ask the customer to provide evidence which could include:
    • a letter from a third party familiar with the customer's circumstances
    • a letter from a support service such as a shelter, refuge or community housing
    • police or court documents, such as a domestic violence order
    • a statutory declaration

Verification of employment

The customer must provide evidence from their employer confirming:

  • the period the customer was unable to work, and
  • that the customer would have worked during the work test period

Note: the employer may not be aware of the reason why the customer was unable to work and the customer is not required to divulge this information to their employer while obtaining the evidence. Service officers must never tell a customer that this is required.

Self-employed customers can provide documents from the following list to show their intention to work during the work test period:

  • existing and new contracts
  • a letter or declaration from their accountant confirming past and expected business activity
  • customer notifications of change to business activity
  • employment of a staff member to perform their usual work activities
  • self-declaration of self-employment status and the intention for the business to continue

When assessing the employment evidence, service officers need to be satisfied the person would have met the work test if they had not been affected by family domestic violence. The evidence needs to show that the customer would have met the work test requirements had they worked during the exception period, taking in to account their usual hours and pattern of work.

A customer must have a genuine connection to the workforce. In most cases, this cannot be demonstrated if the customer has not performed any qualifying work in their work test period. If a customer has not performed any qualifying work in their work test period, service officers need to consider if the customer has a genuine ongoing connection to the workforce. Consider a customer’s work history, leave and if they intend to return to employment with employer.

Social worker assessment

When the social worker has completed their assessment, they will annotate PPL Spec Circ Work test Fast Note DOC with the outcome.

Has the social worker completed their assessment confirming family and domestic violence affected the customer's ability to work, and has the customer provided the required evidence of employment?

7

Additional evidence required

If customers cannot provide work test evidence with sufficient detail within their claim, service officers can contact the employer(s) at the request of the customer. Evidence can be obtained verbally if customers cannot get it in writing.

Note: service officers must not issue a written request for evidence of family and domestic violence. A social worker must assess these cases.

If more information/documents are needed:

  • contact the customer by phone to request evidence, or
  • run the Request Documents in Process Direct and select the relevant document

Request information/documents be provided within 14 days (21 days for remote area or overseas customers).

If the customer does not supply the required evidence requested in the additional request for information, go to Step 9.

Procedure ends here.

8

Customer has met the work test exception

Update the work test information on the PPL Work Test History (P1WH) screen (in Process Direct) that:

  • the customer has met the work test, and
  • the evidence provided was sufficient

In Process Direct using PPL Work Test History (P1WH) screen:

  • Work History Test Met = Yes
  • Exemption = (Select relevant exemption) Family and Domestic Violence, Severe Medical Condition, Natural Disaster
  • Verification = VAL
  • SWO FDV Assessed = Yes (coding only required for FDV)

Continue to assess claim. See Processing standalone and combined claims for family assistance and/or Paid Parental Leave scheme payments.

Procedure ends here.

Note: due to privacy and safety concerns, staff should not use the term 'family and domestic violence' on the customer's record. Instead, use the phrase s 24B(2)(a) of the Paid Parental Leave Rules 2021. For example, the social worker assessment will advise that the customer meets/does not meet the requirement per s 24B(2)(a) of the Paid Parental Leave Rules 2021. Fast notes for grant/reject/NEF claims must also refer to this section and not 'family and domestic violence'.

9

Customer does not meet the work test exception or does not supply requested documents within 14 days

Update the work test information on the P1WH screen (in Process Direct) that:

  • the customer has not met the work test, and
  • the evidence provided was insufficient or not provided

In Process Direct using PPL Work Test History (P1WH) screen

  • Work History Test Met = No
  • Exemption = (Select relevant exemption) Family and Domestic Violence, Severe Medical Condition, Natural Disaster
  • Verification = INV or NOT
  • SWO FDV Assessed = Yes (coding only required for FDV)

Continue to assess claim. See Processing standalone and combined claims for family assistance and/or Paid Parental Leave scheme payments.

Procedure ends here.

Note: due to privacy and safety concerns, staff should not use the term 'family and domestic violence' on the customer's record. Instead, use the phrase s 24B(2)(a) of the Paid Parental Leave Rules 2021. For example, 'the social worker assessment will advise that the customer meets/does not meet the requirement per s 24B(2)(a) of the Paid Parental Leave Rules 2021'. Fast notes for grant/reject/NEF claims must also refer to this section and not 'family and domestic violence'.

10

Child born prematurely

If:

  • a prematurely born child prevents their birth mother (the customer) from undertaking some or all of their qualifying work
  • the work test can be assessed based on work that would have been performed had the child not been born premature

This applies if the claim:

  • was made post-birth, and
  • the customer has not met the work test based on their actual work performed

In these cases, it would be appropriate to use the child's expected date of birth and include the work the customer would have performed had the child not been born prematurely.

Note: the customer must provide verification from:

  • the doctor, midwife and/or hospital to confirm the premature birth, and
  • their employer to confirm the customer would have worked had their child not been born prematurely

Would the customer have met the work test based on the child's expected date of birth?

11

Child delivered after the expected date of delivery

The work test can be assessed based on the expected date of birth where the claim:

  • was made post-birth
  • the customer has not met the work test based on the child's actual date of birth, and
  • the child was born after the expected date of birth

Note: the customer may be required to provide verification from the doctor or hospital to confirm the expected date of birth of the child.

A warning message - W009P1 will appear on the Advance Warning and Errors (AWE) screen for claims where the customer has lodged a post birth claim and they have not met the work test. Before rejecting the claim, contact the customer to check if the work test would have been met using the expected date of birth rather than the actual date of birth.

Procedure ends here.

12

PPL exceptional circumstances

A special PPL claim can be made by:

  • the partner of a PPL claimant in exceptional circumstances
  • another person if exceptional circumstances exist.

Is the customer to be assessed as PPL claimant under exceptional circumstances?

  • Yes:
    • some PPL claimants may be exempt from the PPL work test if they claim payment under exceptional circumstances for PPL
    • PPL would be assessed for the customer under the general PPL payability rules to see if they are eligible to the full payment
  • No, the customer does not meet the existing work test. Document the reason for the decision (including any evidence provided) in the finalisation note when completing the claim

Procedure ends here.


Dangerous Job Provision

Table 3

Expand table

Step

Action

1

Dangerous Job provision

Under the Dangerous Jobs provision, the birth mother, (or the primary claimant who is pregnant), can move their work test period to the 392 days immediately before the day on which they stopped the dangerous job if all the below apply:

  • they were performing or performed paid work of a particular kind before the child is born
  • the hazards connected to that kind of work prevented the customer from continuing to work
  • the hazard was a risk to the pregnancy
  • the customer does not meet the normal work test by using the child's expected/actual date of birth

The customer will be required to provide evidence to support their claim of having to stop work because they worked in a dangerous job.

Was the customer required to stop working in a dangerous job?

  • Yes, go to Step 2
  • No, the customer is not eligible for the Dangerous Job provision. Procedure ends here

2

Evidence of Dangerous Job

When a customer advises they were required to stop working in a dangerous job they will need to provide evidence.

The customer will need to provide proof of:

  • the type of work they were performing and
  • evidence that this work was a risk to the customer's pregnancy

Evidence of work

Proof from the customer's employer that before the child was born the customer worked in a particular job. This can include a:

  • letter from employer
  • copy of contract/workplace agreement
  • customer statutory declaration of job description (self-employed only)

Evidence of risk

Evidence confirming that the customer stopped working because of the hazards connected with the work was a risk to the customer's pregnancy. This can include a:

  • medical certificate
  • letter from employer (if they are a medical professional)
  • a copy of their industry regulations or guidelines that confirm they were unable to continue working due to their pregnancy

Assessing Dangerous Job Evidence

Service officers are to assess the evidence provided is sufficient to show the customer worked in a dangerous job before their child was born and they stopped working due to the risks the job posed to the pregnancy.

Acceptable evidence must include the following:

For employees

  • the type of work the customer performed, including their job description
  • the date the customer stopped working
  • the hazards connected to the kind of work that prevented the customer from continuing to work
  • the job was a risk to the customer's pregnancy and the customer was unable to continue working at their current employment. This may include current industry regulations or an employment agreement/contract

For self-employed customers

  • a copy of the customer's contract or industry regulations, and
  • a statutory declaration stating:
    • the type of work the customer performed, including their job description
    • the date the customer stopped working
    • the hazards connected to the kind of work that prevented the customer from continuing work
    • that the job was a risk to the customer's pregnancy and the customer was unable to continue working in their current employment. This may include current industry regulations or a current contract

There may be some circumstances where evidence from an employer could be enough to satisfy proof of risk to the pregnancy and medical evidence would not be required. For example current industry regulations, an employment agreement or current contract that show regulations not allowing a pregnant person to work past a certain period of gestation due to workplace risks.

If a customer has not lodged medical evidence and the employment evidence is not sufficient to conclude that the work performed and its hazards were a risk to the pregnancy, then more evidence should be requested for example, medical evidence.

The Resources page has examples for service officers of what can be used as suitable evidence and dangerous job scenarios.

Evidence on file

Evidence provided as part of the customer's claim are available via 'Document-tools' for any information/evidence that has been provided as part of the customer's online claim.

Has the customer provided sufficient evidence that confirms the customer was required to stop working in a dangerous job due to the hazards connected with their employment?

3

Employer evidence

If more evidence is needed attempt to contact the customer by phone and send a request for additional information to the customer using Request Documents in Process Direct and select FCC PPL Proof of dangerous job.

If the customer's employer will not provide them with evidence, a service officer has the discretion to obtain the employer information verbally from the employer. The information must be from a person of authority for example, a registered PPL contact officer or the customer's line manager. Document the name and the title of the person providing the information on the customer's record.

Has the customer provided the requested evidence from their employer?

  • Yes, go to Step 4
  • No:
    • If the allowable time has been given and the customer has still not provided the requested documents, claim should be made Non Effective (NEF) Information/details not provided (INF)
    • Procedure ends here

4

Medical evidence

If more evidence is needed attempt to contact the customer by phone and send a request for additional information to the customer using Request Documents in Process Direct and select FCC PPL Proof of dangerous job.

Has the customer provided a letter or medical certificate from their medical practitioner or a copy of industry guidelines confirming hazards connected with the work that was a risk to the customer's pregnancy?

  • Yes, go to Step 5
  • No:
    • If the allowable time has passed and the customer has not provided the requested documents, the claim should be made Non Effective (NEF) Information/details not provided (INF)
    • Procedure ends here

5

The work test period

The customer meets the dangerous job provision, and the work test period can be moved to an earlier period. The work test for dangerous jobs provision is the 392 days (approximately 13 months) immediately before the date the customer stopped working in the dangerous job that presented a risk to the customer's pregnancy.

6

Permissible and non-permissible breaks and the qualifying period

The qualifying period is a 295 day (approximately 10 month) period within the 13 month work test period. A customer can have one or more permissible breaks between 2 days within the qualifying period.

A permissible break:

  • is not more than 84 days, or
  • started before, and ended after, the start of the work test period and is not more than 84 days

To determine if the customer has a qualifying period, take into consideration any:

  • evidence available to determine if the work test has been met, and
  • non-permissible breaks - which are breaks of more than 84 days (12 weeks) between 2 consecutive working days in the 295 day qualifying period)

Note: customers cannot have a non-permissible break in their 10 month (295 days) qualifying period unless this is due to:

  • pregnancy-related complications/illness, or
  • a premature birth

Paid leave such as extended recreational, long service leave does not count as a non-permissible break as it is paid and counts towards the work test.

Has the customer had a non-permissible break between 2 consecutive working days in the 295 days (approximately 10 month) qualifying period?

  • Yes, the customer does not meet the existing work test. Procedure ends here
  • No, go to Step 7

7

330 hours

To meet the work test the customer must have worked at least 330 hours during the 295 day (10 month) qualifying period.

Has the customer worked at least 330 hours of qualifying work in the 295 day (approximately 10 month) qualifying period?

  • Yes, the customer has met the work test. Check that the customer meets all eligibility criteria
  • No, the customer does not meet the existing work test. Document the reason for the decision (including any evidence provided) in the finalisation Note when completing the claim

Procedure ends here