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

To be eligible for PPL, a customer must be the primary carer of a PPL child.

The primary claimant can receive up to 18 weeks of PPL. This is 90 payable days.

Primary claimants can claim the full amount for themselves or choose to:

• transfer some or all of their PPL period to another person
• give permission for another person to claim some or all of their Flexible PPL days

If transferring some or all of the PPL period or Flexible PPL days to another person, the other person must:

• lodge an effective claim
• have primary care of the child, and
• be an eligible secondary/tertiary claimant

Most often, the primary claimant will be the birth mother or the initial primary carer of an adopted child. Another person may be eligible as a primary claimant if exceptional circumstances eligibility criteria are met e.g. commissioning parent in surrogacy arrangement.

Note: primary claimants in exceptional circumstances can claim the full amount of PPL if they are eligible. Secondary claimants who become the primary carer in exceptional circumstances are only eligible for up to the remainder of the PPL that has not been claimed by the primary claimant. For secondary claimants, the amount of PPL will depend on how much PPL was paid to the primary claimant.

Is the customer the child’s birth mother (or the initial primary claimant of an adopted child)?

• Yes, see Step 1, Table 2
• No, go to Step 2

For a customer who is not the birth mother or initial adoptive parent to be assessed as the primary claimant for the child exceptional circumstances need to exist. They must also expect the child to be in their primary care for at least 26 weeks.

Does the customer expect the child to remain in their primary care for at least 26 weeks?

• Yes, go to Step 3
• No, the customer may be eligible for the remainder of the PPL entitlement if the primary claimant is incapable of caring for the child for a temporary period of less than 26 weeks. See Eligibility for Parental Leave Pay (PPL) as a secondary or tertiary claimant

Formal Foster carers are not eligible to receive PPL for a child entrusted to their care by a State or Territory welfare authority or approved agency (e.g., Barnados, Anglicare).

An exception to this rule applies when:

• the child is placed in the customers care as part of an adoption process, and
• the customer is expected to become the child’s adoptive parent.

Note: the adoptive parents generally do not have the child’s birth certificate or the biological parent’s information. There will be pre-adoption court or agency documents confirming the customer is in the process of adopting the child.

If:

• the child been placed in the customers care as part of a formal foster care arrangement, and it was:
• as part of the process of an adoption, the customer must provide evidence of the adoption. Go to Step 1 Table 2
• not as a part of the process of an adoption, the customer isn’t eligible for PPL for the child. Invite the customer to claim FTB
• there is no formal foster care arrangement, go to Step 4

Customer may have entered into an Australian altruistic surrogacy arrangement or an overseas surrogacy arrangement, which could be commercial or altruistic. Depending where the arrangement was made will determine what evidence is required.

Australian Surrogacy arrangement

A surrogacy arrangement entered into in Australia must meet the relevant state or territory law. In all Australian states and territories, the surrogacy agreement must be:

• altruistic (the surrogate does not receive any financial payment or other reward for acting as a surrogate)
• signed and finalised by all parties, generally through solicitors prior to the surrogate becoming pregnant

Commissioning parents have to apply for a parentage order before the child is 6 months of age (12 months for South Australia). Most commissioning parents won’t have the parentage order completed before claiming PPL. The surrogacy agreement and confirmation that the surrogate has relinquished care of the child is acceptable evidence.

Overseas surrogacy arrangement

Overseas surrogacy arrangements are generally commercial. This means the surrogate is financially compensated for carrying the child for the commissioning parents.

All parties involved are required to sign the finalised surrogacy agreement prior to the surrogate becoming pregnant.

Following the birth, the commissioning parents will have the child’s birth certificate, passport, and court documents confirming the child has been placed into their care as part of a surrogacy arrangement.

Whether the surrogacy arrangement was made in Australia or overseas, if the customer doesn’t have formal evidence as set out above, the arrangement could be a change of care and not a surrogacy arrangement. In these cases, the customer may have a permanent care order or parenting order for the child. These orders are not the same as a parentage orders and the arrangement and exceptional circumstances must been proven before the new customer is eligible for PPL.

Proof of entry to care for surrogacy

After reviewing all of the information available, if the Service Officer cannot make a determination, refer the case to the Service Support Officer (SSO) via the Direct Referral to SSO webform. The SSO may then determine a referral to the Level 2 Policy Helpdesk via the Online Form is required.

Important: Surrogacy agreement referrals are only required as part of the post-birth claim process. Before completing the referral ensure all details of the surrogacy arrangement and any relevant documentation have been provided by the customer.

The Resources page contains links to the Direct Referral to SSO webform and the Level 2 Policy Helpdesk Online Query form.

If:

• the child was entrusted to the customers care as part of a formal surrogacy arrangement, have they provided the surrogacy agreement and/or court documents to confirm?
• Yes, go to Step 8. If unable to make a determination based on the evidence, contact Local Peer Support (LPS) who may complete an online referral to Level 2 Policy Helpdesk. Note: surrogacy agreement referrals to Level 2 are only required as part of the post-birth claim process. See Resources for link to webform
• No, see Information requests for FTB and PPL claims, and Add Newborn and PPL change of circumstances activities
• there is no formal surrogacy arrangement, go to Step 5

Where exceptional circumstances have resulted in the customer becoming the primary carer of the child acceptable evidence such as a court order (i.e. parentage order) or other documents must be provided.

Has the customer provided evidence, such as a court order (i.e, parentage order) or other documents to confirm exceptional circumstances exist?

• Yes, go to Step 8
• No, ask the customer to provide the evidence:
• See Information requests for FTB and PPL claims, and Add Newborn and PPL change of circumstances activities
• Collect all documentation the customer has available to confirm the exceptional circumstance, go to Step 6

The birth mother (or initial primary carer in the case of adoption) must be incapable of caring for the child for an expected period of at least 26 weeks.

For the purposes of PPL, incapable of caring means:

• there is a parenting order that removes care of the child from the birth mother (or initial primary carer in the case of adoption), or
• the birth mother (or initial primary carer in the case of adoption):
• has died, or
• is in prison or institutionalised, or
• whereabouts are unknown and all reasonable efforts have been made to locate them, or
• suffers a medical condition, or
• another reason, beyond the birth mothers (or initial primary carer in the case of adoption) control that prevents them being able to care for the child.

Where the birth mother (or initial primary carer in the case of adoption) voluntarily chooses not to care for the child, it would not be considered an exceptional circumstance.

Is the birth mother (or initial primary carer in the case of adoption) incapable of caring for the child for at least 26 weeks?

• Yes, the customer must provide evidence to confirm the reason why the birth mother (or initial primary carer in the case of adoption) is incapable of caring for the child i.e. hospitalised. If the customer is:
• the partner of the birth mother, adoptive parent or the other legal parent, go to Step 8
• not the partner of the birth mother, adoptive parent or the other legal parent, go to Step 7
• No, the customer may be eligible for the remainder of the PPL entitlement if the primary claimant is incapable of caring for the child for a temporary period of less than 26 weeks. See Eligibility for Parental Leave Pay (PPL) as a secondary or tertiary claimant

For another person (i.e. grandparent, extended family member) to receive PPL for the child in exceptional circumstances both the birth mother (or initial primary carer in the case of adoption) and their partner (if they have one) must be incapable of caring for the child for a period of at least 26 weeks.

The customer must provide evidence to confirm:

• they are the primary carer of the child such as a court order, medical evidence etc. the birth mother (or initial primary carer in the case of adoption) is incapable of caring for the child
• the birth mother’s (or initial primary carer in the case of adoption) partner (if they have one) is incapable of caring for the child.

Where the birth mother (or initial primary carer in the case of adoption) and their partner (if they have one) voluntarily choose not to care for the child, it would not be considered an exceptional circumstance.

Are the birth mother (or initial primary carer in the case of adoption) and their partner (if they have one) both incapable of caring for the child for at least 26 weeks?

• Yes, if the customer has
• provided sufficient evidence to confirm the exceptional circumstance, go to Step 8
• not provided sufficient evidence, ask them for more information. See Information requests for FTB and PPL claims, and Add Newborn and PPL change of circumstances activities
• No, the customer may be eligible for the remainder of the PPL entitlement if the primary claimant is incapable of caring for the child for a temporary period of less than 26 weeks. See Eligibility for Parental Leave Pay (PPL) as a secondary or tertiary claimant

Based on the evidence provided has the customer met the eligibility for PPL under the exceptional circumstances criteria?

• Yes, the customer can be paid up to 18 weeks of PPL as a primary claimant. If:
• no one has received PPL for the child, go to Step 1, Table 2
• If PPL has previously been paid for the child, Additional Primary Claimant coding is required by a Families Override Officer. See Recording overrides for Paid Parental Leave scheme claims. When override coding has been finalised, go to Step 1, Table 2

Note: if a customer has met the exceptional circumstances criteria but fails either the work test or the income test when assessing the primary claimant eligibility, see Eligibility for Parental Leave Pay (PPL) as a secondary or tertiary claimant.

• No, the customer may still be eligible for the remainder of PPL if there is an existing eligible primary claimant who is receiving PPL for the child and the primary claimant transfers some of the PPL entitlement to them as a secondary claimant. See Eligibility for Parental Leave Pay (PPL) as a secondary or tertiary claimant. Otherwise, their claim for PPL will reject ACN (additional circumstances not met)

To receive PPL, a person must be the primary carer of a PPL child (or would have been the primary carer had the child not been stillborn or died).

• If the birth mother no longer provides care, they can only be eligible for PPL in the 18 weeks immediately after the birth, if they no longer provide care due to:
• relinquishing care of the child for adoption
• relinquishing care of the child as a part of a surrogacy arrangement
• the child being removed from care by a state or territory child protection authority, acting under child protection legislation
• If the birth mother is in prison they can meet the primary carer rule if they gave birth in prison and can care for their child in prison or, if imprisoned after the birth, they continue to care for the child in prison
• If the primary carer is temporarily unable to care for the child, they may remain eligible if it is due to circumstances beyond their control and the period is expected to be less than 26 weeks
• If the primary carer loses care of the child, they may remain eligible if care is:
• lost without legal authority, or
• disputed, and the customer takes reasonable steps to have the child returned to their care. This includes periods before a claim has been made
• Adoptive and commissioning parents in surrogacy arrangements can be eligible for 18 weeks of PPL immediately following the birth as the primary claimant regardless of any period the birth mother received PPL. In these cases, the child will have 2 separate CRN’s:
• one with the birth mother, and
• another one with the adoptive/commissioning parent

Temporary absences from caring for the child may be permitted, but are limited to the time necessary for respite care or other reasonable purposes

Are the primary care requirements met?

• Yes, go to Step 2
• No, the customer would not be eligible for PPL. Check if NBS/NBU need to be assessed with the customer's (or their partner's) FTB. See Changing claim choice for a newborn or adopted child. Procedure ends here

Claimants must generally meet the PPL scheme work test. Exceptions and exemptions may apply. For example:

• medical conditions
• premature births
• natural disasters
• special circumstances, and
• exemptions for secondary claimants in exceptional circumstances

The customer may be requested to provide evidence to support the PPL work test.

Does the customer satisfy (or are exempt from) the PPL work test?

• Yes, go to Step 3
• No, the customer is not eligible for PPL. See Eligibility for Family Tax Benefit (FTB) and Eligibility for Newborn Supplement (NBS)/Newborn Upfront Payment (NBU). Procedure ends here

The customer must meet the PPL income test. For the PPL income test threshold, see Paid Parental Leave - income limits.

If the customer's actual adjusted taxable income exceeds the income limit in the financial year prior to the date of claim, a second claim may be lodged. For example, if a customer lodged prior to the child's birth in the existing financial year and the baby is born in a new financial year, eligibility can be tested for both financial years.

The customer may be required to provide evidence to support the PPL income test.

Note: if the customer indicates in their online claim they have other income components, for example foreign income, negatively geared investments, net rental property losses etc. than a tax notice of assessment (NOA) issued by the Australian Taxation Office (ATO) will not be sufficient as evidence. The customer will need to provide additional evidence such as their full Income Tax Return (ITR).

For more information, see Paid Parental Leave income test and previous financial year income estimate.

Does the customer satisfy the PPL income test?

• Yes, go to Step 4
• No, the customer is not eligible for PPL. Procedure ends here

The customer must meet the Australian residence requirements for the full PPL Period and each of their nominated Flexible PPL days

The customer must be residentially qualified from the PPL child's date of birth or entry to care.

Newly Arrived Residence Waiting period (NARWP)

New Australian residents claiming PPL are subject to a NARWP if their first permanent resident or partner provisional visa (309 or 820) is granted on or after 1 January 2019. This means before the customer becomes payable they must meet one or more waiting period/s totalling at least 104 weeks before the child’s date of birth/adoption.

To be eligible for PPL a customer must either have served the NARWP or be exempt from the NARWP.

• Primary claimants: must have completed the NARWP before the child's date of birth or entry into care
• Secondary claimants: must have completed the NARWP before their PPL start date. Note: payment cannot be transferred to a secondary claimant if a primary claimant is still serving their NARWP on or after their child's date of birth or entry to care

If a customer is eligible for an exemption to the NARWP, it will apply for their full PPL period and any connected Flexible PPL days. However, any Flexible PPL days not connected to the end of the PPL period will have a residence assessment applied on the nominated Flexible PPL day. This may affect the customer’s eligibility for the Flexible PPL day if their NARWP exemption no longer applies.

PPL may be paid while the customer is overseas during a temporary absence. See Australian residence requirements for more information.

Does the customer satisfy the residence requirements for PPL?

• Yes, go to Step 5
• No, the customer is not eligible for PPL. Procedure ends here

The PPL period cannot be paid if the customer has returned to work since they became the primary carer of the child until the end of their PPL period, unless for a permissible purpose, such as a ‘keeping in touch’ (KIT) day.

There are some exceptions that can be applied where the customer has returned to work.

Generally a customer must lodge their PPL claim before they return to work. There are a couple of exceptions to this rule:

• the customer:
• lodged an effective claim within 28 days of the child's date of birth (DOB), and
• they have a nominated start date of the child's DOB or a date before they return to work, or
• the customer is transferring the full amount of their PPL to another person
• the customer:
• meets the PPL extended work test or received COVID-19 Disaster Payment (paid by Services Australia on or after 3 June 2021) during their 10 month qualifying period, and
• their nominated start date is before their return to work date

See Parental Leave Pay (PPL) customer, for a child born before 1 July 2023, returns to work for more information about return to work, permissible purposes and exceptions.

Go to Step 6.

Customers can:

• transfer some or all of their PPL period to another person, such as their partner or the child’s other parent
• give permission for another person to claim some or all of their Flexible PPL days

Is the customer transferring some or all of their PPL period to another person?

• Yes, for:
• a partial transfer of the PPL period, go to Step 7
• a full transfer of the PPL period, go to Step 8
• giving permission to Flexible PPL days only, go to Step 11
• No, go to Step 12

For a partial transfer of PPL period:

• the primary claimant must meet the full PPL eligibility criteria for each day of the PPL period between the child’s date of birth or entry into care date and the end of their PPL period (transfer date)
• the secondary claimant must also lodge an effective claim for PPL and meet the full PPL eligibility criteria for each day beginning on their PPL period start date (transfer date) and ending at their maximum PPL period end date

The primary claimant’s application must be assessed before the secondary claimant's claim can be assessed. This ensures the secondary claimant's entitlement is assessed correctly once their PPL period commences.

When processing the partial transfer of the PPL period, update the transfer details in:

• Process Direct: Child in Primary Care (CIPC) screen for a new claim
• Customer First: Child in Primary Care (!CiPC) screen for a change of circumstances

To record the child as leaving the customer’s primary care:

• Date of event: date primary care is being transferred
• Carer: primary claimant
• In Primary Care: No
• Reason: Transfer unused portion of PLP to the partner or Transfer unused portion of PLP to another person

Note: the secondary claimant's PPL period start date is the day after the primary claimant’s PPL period end date. There cannot be a break in the PPL period. For more information on secondary claimants, see Eligibility for PPL as a secondary or tertiary claimant.

Is the primary claimant eligible for PPL?

• Yes, go to Step 10
• No, reject the PPL claim. Procedure ends here

Primary claimants only need to meet limited eligibility criteria when transferring their full PPL period entitlement to a secondary claimant.

In cases where the primary claimant is transferring their full PPL period entitlement to a secondary claimant such as their partner, because they only meet the limited eligibility criteria (for example they have returned to work), it is essential that both the primary and secondary claimants lodge their claims at the same time.

When processing the full transfer of the PPL period, update:

• Process Direct: Child in Primary Care (CIPC) screen for a new claim
• Customer First: Child in Primary Care (!CiPC) screen for a change of circumstances

To record the child as leaving the customer’s primary care:

• Date of event: date primary care is being transferred
• Carer: primary claimant
• In Primary Care: No
• Reason: Transfer full PLP Ent to Another Person or Transfer Full PPL Ent to Partner

The Resources page contains examples of scenarios for these types of cases.

When a primary claimant requested a full transfer to a secondary claimant, the Service Officer must process the secondary claim immediately after processing the primary claim. This applies to both pre-birth claims and post birth claims.

Has the secondary claimant lodged a claim for PPL at the same time?

• Yes, go to Step 10
• No. If the primary claimant:
• meets the limited eligibility criteria, go to Step 9
• does not meet the limited eligibility criteria, the PPL claim will automatically reject for the relevant reason i.e. Work Test (WHT)/ Income (INC) etc.

As the primary claimant doesn’t meet the limited eligibility criteria, a secondary claimant will not be eligible for any PPL. The secondary claimants claim for PPL for the child must be rejected.

• Pre-birth claims need to be Rejected manually Other ‘OTH’ using the PPL Claim Action (P1CA) screen and a Q999 letter issued (see Resources for NEF Q999 letter text). See Not effective, rejection or withdrawal of claim for Parental Leave Pay (PPL)
• Post birth claims will automatically reject additional circumstances not met (ACN) when the claim is processed. Procedure ends here

Attempt to contact the primary claimant. Tell them there may be a delay in processing their claim as the secondary claimant must submit a claim for PPL before their claim can be finalised.

Send letters to both the primary and secondary claimants. See Resources page for letter text.

If a secondary claimant's claim:

• has not been lodged, place the claim on 'H'old to await the secondary claimant's claim lodgement
• has not been lodged within the required timeframe, the primary claimant's claim must be manually made non-effective 'OTH'er (NEF/OTH). Do this in:
• Process Direct (PPL standalone claims): code NEF with reason 'OTH' on the PPL Claim Action (P1CA) screen
• Customer First (FTB/PPL combined claims): code NEF with reason 'OTH' on the PPL Claim Action (P1CA) screen after keying 'A' next to the relevant claim line on the PPL Claim Summary (P1CS) screen

See Resources for suggested text for the NEF Q999 letters.

To ensure the customer is given the appropriate number of days to respond after the letter is issued, resubmit the activity for:

• Day 22 (14 days + 8 days postage)
• Day 29 (21 days + 8 days postage) for remote or overseas postage, or
• Day 36 (28 days + 8 days postage) for direct credit and/or Tax File Number (TFN) details

Note: claims that have been deemed NEF because the 'missing claim' was not lodged within the required timeframe can be re-opened when the missing claim has been lodged. See Not effective, rejection or withdrawal of claim for Parental Leave Pay (PPL) for details on re-opening the claim.

Once the proof of birth is received and post birth claim/add child has been completed on the primary claimant’s record and the Nominated Start Date (NSD) is:

• not a future date:
• the primary claimant’s PPL period status will be REJ/TFR and their PPL claim level status will be CZR-FLX
• a post birth claim can then be completed on the secondary claimant’s record, resulting in a PPL claim and PPL period level status of PPL/CUR or PPL/ASS-NSD
• in the future, the primary and secondary claimants record will finalise PPL/ASS-ASD. When the NSD is reached:
• the primary claimant’s PPL period status will be REJ/TFR and their PPL claim status will be CZR-FLX
• the secondary claimant’s PPL claim and PPL period level status will be PPL/CUR

For information about issuing requests and managing customer tasks, see Information requests for FTB and PPL claims, and Add Newborn and PPL change of circumstances activities.

The PPL period start date for a secondary claimant is determined by the primary claimant. Secondary claimants cannot nominate the start date for the PPL period.

In their claim, the primary claimant must nominate the start date for the PPL period.

Full transfer: If the primary claimant is transferring all of their PPL period to the secondary claimant, the start date for the secondary claimant depends on the following factors:

Establishing the primary claimant's nominated start date (NSD)

• If proof of birth and an effective PPL claim are provided by the primary claimant's NSD, the secondary claimant’s PPL start date will be the primary claimant's NSD
• If proof of birth and an effective PPL claim are provided after the primary claimant's NSD but within 28 days of the birth/entrustment to care, the secondary claimant’s PPL start date will be the primary claimant's NSD
• If proof of birth and an effective PPL claim are provided after the NSD and more than 28 days after the birth/entrustment to care, the date the proof of birth and/or the date the claim is lodged will be the primary claimant’s NSD and therefore become the secondary claimant’s PPL start date
  Note: the NSD can be backdated to the child’s date of birth/entrustment to care date if the customer:
• meets the PPL Extended Work Test (EWT). JobKeeper Payment cannot be paid for the same period the customer is claiming PPL
• received a COVID-19 Disaster Payment (paid by Services Australia on or after 3 June 2021) during their 10 month qualifying period. See Determining a customer’s Paid Parental Leave (PPL) period start date for children born or entering care before 1 July 2023
  Note: Customers who nominate a PPL period start date in the past, will have ‘28D - Backdating the start date’ displayed on the Paid Parental Leave Exemption (P1EX) screen. This code is system generated for advice only. It cannot be applied by a Service Officer
• If the primary claimant has nominated an NSD in the future which is a later date than the date proof of birth and/or claim is lodged, then the secondary claimants NSD is the future date

Date the child enters the secondary claimant's primary care

• If this is on the date that would have been the primary claimant's start date, this date is the secondary claimant's start date
• If this is after the date that would have been the primary claimant's start date, the date the secondary claimant gains primary care is the secondary claimant's start date. In this situation the PPL period for the secondary claimant is reduced by the time between the primary claimant's start date and the date the secondary claimant gains primary care

Note: when processing claims where a reduction of the secondary claimant's PPL period is likely due to the NSD selected by the primary claimant, the Service Officer must attempt contact/s with the primary claimant and suggest changing the nominated start date to avoid the PPL period reduction.

The secondary claimant's claim for PPL should be:

• finalised at the same time, and
• the secondary claimant notified of the claim outcome/status

Go to Step 12.

Primary claimants can give permission for another person to claim some or all of their 30 Flexible PPL days.

This can be done when they claim PPL or later.

If a customer gives permission for another person to claim some or all of their Flexible PPL days, the secondary claimant:

• needs to submit a claim, and
• be found eligible for PPL

The primary claimant’s claim must be assessed before the secondary claimant’s claim.

The customer can remove permission at any time:

• during the pre-birth assess stage (pre-birth claims only)
• before the secondary claimant has claimed and nominated dates for the Flexible PPL days

For the purposes of claiming Flexible PPL days, multiple secondary claimants can be linked to a child.

PPL claim status

The primary claimant’s PPL claim level status will be CZR-FLX (current zero rate) until all Flexible PPL days have been claimed. Note: this includes where the primary claimant has transferred their full entitlement.

This allows the primary claimant access to remove permission to claim any of the Flexible PPL days up to when they have been claimed by a secondary claimant.

Customers who are CZR-FLX will receive an 18 month reminder if remaining Flexible PPL days have not yet been taken.

See Claiming and managing Flexible Paid Parental Leave (PPL) days for children born or entering care before 1 July 2023.

If the primary claimant has indicated in their PPL claim that they are not transferring any of their PPL entitlement to another person, no other person can be paid the PPL period or Flexible PPL days for the child.

Where a secondary claimant has submitted a claim for PPL and the primary claimant has not transferred any of the period to them, the secondary claimants PPL period must be rejected. The secondary claimants overall PPL claim status should be PPL/ASS-AFN on the PPL Claim Summary (P1CS) and Entitlement (ELD) screens. This enables the secondary claimant to claim any Flexible PPL days the primary claimant may give permission for them to claim at a later date. See Eligibility for Parental Leave Pay (PPL) as a secondary or tertiary claimant.

Go to Step 13.

A customer cannot receive JobKeeper Payment for the same period they receive PPL. It is the customer’s responsibility to advise their employer the start date and end date of their PPL period (not the dates PPL was received).

A customer can select a Nominated Start Date (NSD) for their PPL period that is after their JobKeeper Payment period only where they have not returned to work. For more information about processing PPL claims for customers receiving JobKeeper Payment, see Processing standalone and combined claims for family assistance and/or Paid Parental Leave scheme payments.

Customers cannot receive a COVID-19 Disaster Payment (CDP), Pandemic Leave Disaster Payment (PLDP) or a Disaster Recovery Allowance (DRA) from the Commonwealth government (i.e. Services Australia) for the same period they receive PPL.

Has the customer (or their partner) been paid NBU/NBS for the child with FTB Part A?

Note: FTB Part B is not payable at the same time as PPL. If the customer has already been paid FTB Part B and is now being granted PPL for the same period, the FTB Part B will be a recoverable debt. See Assessing Parental Leave Pay (PPL) claims for more details on FTB Part B.

• Yes, the customer cannot be paid PPL and NBU/NBS for the same child. However, customers can choose to claim PPL after NBS has been paid. If the customer chooses to change their claim choice, the NBS and Newborn Upfront Payment (NBU) already paid will be a recoverable debt. Go to Step 14
• No, go to Step 14

Advise the customer they must provide proof of the child's birth or verification of the child entering the customer's care if this has not already been given to Services Australia. This includes proof of a stillborn child.

Multiple birth

PPL can only be paid for one child in a multiple birth.

Exception: PPL can be paid if there is a significant delay (e.g. 5 days or more) between the separate birth events for each child.

In these cases:

• the customer must provide a letter from the doctor/midwife who attended the births confirming that the children were:
• of the same pregnancy, and
• born in separate birthing events
• use the Direct Referral to SSO webform and the Level 2 Policy Helpdesk Online Query form with the letter from the doctor/midwife to refer the case. The Resources page contains links

The separate birthing events could be less than 5 days apart, but this would be confirmed by the doctor/midwife.

Birth registration

To be eligible for a newborn child, parent(s) must notify Services Australia they have registered, or have applied to register, the child's birth with the State/Territory Births registry. Customers may notify this verbally.

Exception: This does not apply to:

• stillborn children
• adoptions
• children born overseas, or
• children entrusted to care as part of a surrogacy arrangement

To be eligible for Flexible PPL days a person must meet the eligibility requirements for PPL period, or would have been eligible for a PPL period had they not returned to work or transferred the PPL period to a secondary claimant.

Customers are required to choose how and when they want to be paid their Flexible PPL days. Flexible PPL days can be:

• connected to the PPL period, as a block of up to 6 weeks (30 days). This will give them a continuous block of PPL of up to 18 weeks. Connected days will be paid on the weekdays immediately after their PPL period
• paid separately at any time after the PPL period and up to the PPL child’s second birthday / anniversary of adoption. These days can be paid on any day of the week, including weekends. The customer must select the dates they want to get these days
• given to another person to claim, primary claimants can give permission for another person to claim some or all of their Flexible PPL days (such as their partner or the child’s other parent). The other person (secondary claimant) will need to claim, meet eligibility criteria and choose how and when they want to receive these days

For more information about managing and claiming Flexible PPL days, see Claiming and managing Flexible Paid Parental Leave (PPL) days for children born or entering care before 1 July 2023.

Customers will tell Services Australia when they want to claim Flexible PPL days in their initial claim for PPL or at a later time online, by phone, or in person.

To be eligible to get Flexible PPL on a day the customer must:

• be the primary carer of the PPL child
• not be working (they can be on paid or unpaid leave). Note: exemptions apply for work performed for permissible purpose and Keeping in Touch (KIT) days. See Parental Leave Pay (PPL) customer, for a child born before 1 July 2023, returns to work
• meet Australian residence requirements
• have completed the Flexible PPL declaration

Customers cannot be paid Flexible PPL on any day that:

• they or another person are being paid PPL for the same child
• they have been paid Dad and Partner Pay (DAP) for the child
• is before or during the PPL period (or their nominated PPL period dates if they are not eligible for the PPL period) if
• is before the child’s date of birth/adoption
• is after the child’s second birthday/anniversary of adoption

Customers cannot nominate a date that is more than 42 days in the past, unless they:

• received a COVID-19 Disaster Payment (paid by Services Australia on or after 3 June 2021) during their 10 month qualifying period, or
• meet the PPL extended work test

The Paid Parental Leave Exemption (P1EX) screen will display ‘28D - Backdating the start date’'. This code is system generated for advice only. It cannot be applied by a Service Officer. See Paid Parental Leave scheme Work Test.

In limited circumstances, customers can be granted a Flexible PPL day on a date that is more than 42 days in the past. This includes customers that have attempted to claim Flexible PPL within the required timeframe, however their claim was not finalised in time due to a system issue or other circumstances.

For more information about how to identify and finalise Flexible PPL days, see Claiming and managing Flexible Paid Parental Leave (PPL) days.