Eligibility for Parental Leave Pay (PPL) as a secondary or tertiary claimant for children born or entering care before 1 July 2023 007-09020020

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Description

1

Secondary claimant does not meet residence requirements

Jan has been granted PPL from 22 July. On 1 October Jan returned to work.

Jan's partner, Peter lodges a claim as a secondary claimant to have the PPL period transferred.

Peter is subsequently rejected due to being on a temporary visa and not meeting the residency requirements to be eligible for PPL.

Three weeks later, on 22 October, Peter was a granted a permanent residency visa and lodged a new claim for PPL.

For Peter and Jan to be eligible to transfer the PPL period entitlement, both must have met the eligibility requirements and Peter would have needed to be eligible on the day after Jan's eligibility for PPL had ceased.

As Peter was not eligible for PPL on the day after Jan's PPL ceased, Peter will not be entitled to PPL as a secondary claimant.

2

Secondary claimant does not meet work test

Ellie has been granted PPL from 14 November. Ellie returns to work on 2 February and intends to transfer the remaining PPL period to partner Sam.

Sam lodges a claim for the remaining PPL period but does not meet the work test and is therefore not eligible for the remaining PPL period.

To be eligible for PPL, Sam must be the primary carer and be assessed as eligible for PPL on the day after Ellie's payment ceased.

3

Primary claimant leaves Australia permanently

Zara has been granted PPL from 13 February. Zara leaves Australia permanently on 16 April without the child. Zara transfers the ongoing care of the baby to Joseph, the baby's other legal parent.

Joseph and the baby remain in Australia permanently. As Joseph is now the primary carer and meets all of the PPL eligibility requirements on 16 April, Joseph is eligible to receive:

• the remaining PPL period, and
• all 30 Flexible PPL days Zara has given permission for another person to claim

4

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

Mary has a baby on 3 August and lodges a claim for PPL 2 weeks later.

Mary indicates in the claim that Mary will transfer the full PPL period to partner, Paul from the child's date of birth. Mary returned to work on 10 August.

Mary does not give permission for Paul to claim any Flexible PPL days as Mary intends to claim these later. Mary's overall PPL claim remains open (OPN) pending the Flexible PPL days (PPL/CZR-FLX).

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

• work test and income test at the time the secondary claim is determined and
• residence test on the date the child is born

As Mary has returned to work before submitting the PPL claim, before Mary's claim is assessed, Paul needs to lodge a PPL claim at the same time. A Q999 is sent to Mary advising that Paul needs to lodge a claim within 14 days. A Q999 is also sent to Paul advising to lodge a claim for PPL within 14 days.

5

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

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

In the PPL claim, Fiona indicates that Fiona will transfer primary care of the child to partner Philip on 20 July and will return to work on the same day. Fiona wishes to transfer the full PPL period to Philip from 1 August.

Fiona does not give permission for Phillip to claim any Flexible PPL days as Fiona intends to claim these later. Fiona's overall PPL claim remains open (OPN) pending the Flexible PPL days (PPL/CZR-FLX).

Fiona meets all PPL eligibility criteria for each date from their child's date of birth, up to and including 19 July (the day before Fiona returned to work). As Fiona is eligible for PPL, the full PPL period can be transferred to Philip. Before Philip can be paid PPL for the child, Philip 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 Philip became the child's primary carer

Before Fiona's claim for PPL is finalised, a Q999 must be sent to Fiona in Customer First advising that Philip must submit a claim for PPL within 14 days. A Q999 must also be sent to Philip in Customer First advising Phillip to submit a claim for PPL within 14 days. If Philip does not submit a claim, Fiona's application for PPL will be not effective and PPL may not be payable for their child.

6

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

Lisa had a baby on 20 September. Partner Brad lodges a claim for PPL 4 weeks later.

In the PPL claim, Brad advises of claiming PPL because Lisa is transferring the payment to him. Before assessing Brad's claim, a Q999 is sent in Customer First advising Brad that Lisa must submit a claim for PPL within 14 days before Brad's entitlement to PPL can be assessed. A Q999 is also sent to Lisa in Customer First advising to lodge a claim within 14 days.

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 Brad on 16 October. Lisa also advises of the intention to transfer the full PPL period to Brad 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 their child's date of birth, up to and including 15 October (the day before Lisa returned to work). Lisa's PPL period is finalised with a 'REJ'ection code of 'TFR'.

Lisa does not give permission for Brad to claim any Flexible PPL days as Lisa intends to claim these later. Lisa's overall PPL claim remains open (OPN) pending the Flexible PPL days (PPL/CZR-FLX).

As Lisa's PPL period has been finalised REJ/TFR, the Service Officer can now assess Brad's claim.

Brad must meet the full PPL eligibility criteria for each day from 16 October until the end of the PPL period.

7

Partial transfer of PPL

Bec was granted PPL from 14 May. Bec intends to return to work on 2 June and has requested the balance of the PPL be transferred to partner Tom. As Bec was transferring part of the PPL period to a secondary claimant, Bec had to meet the full PPL eligibility criteria from Bec's child’s date of birth up 2 June.

Bec does not give permission for Tom to claim any Flexible PPL days as Bec intends to claim these later. Bec's overall PPL claim remains open (OPN) pending the Flexible PPL days (PPL/CZR-FLX).

On 30 May, Tom submitted an effective claim for PPL. The information provided in Tom's claim confirms Tom satisfies the full PPL eligibility criteria for each day from 2 June until the end of the PPL period. Tom is granted PPL as a secondary claimant and is eligible for the remaining PPL.

8

Permission to claim Flexible PPL days (for children born or adopted on or after 1 July 2020)

Sophie has a baby on 1 October and submits a claim for PPL 1 week later. Sophie indicates in the claim that they will claim the PPL period and give permission for another person to claim all 30 Flexible PPL days.

Sophie meets all eligibility requirements and the PPL period is assessed from 1 October to 23 December.

To claim the Flexible PPL days, Sophie’s partner Jack must also submit an effective claim for PPL and nominate Flexible PPL days they wish to claim.

Note: Jack cannot claim Flexible PPL days on the same day as the dates already claimed by Sophie (i.e. 1 October to 23 December).

9

Permission to claim Flexible PPL days revoked (for children born or adopted on or after 1 July 2020)

Angie had a baby on 15 January and submits a claim for PPL 1 week later. In the claim, Angie claims the PPL period and 20 Flexible PPL days. Angie also gives permission for another person to claim the other 10 Flexible PPL days.

Angie meets all eligibility requirements and the PPL period assessed from 15 January.

On 20 March Angie’s partner Jake submits an effective claim for PPL and claims the 10 Flexible PPL days.

On 1 May Angie contacts Services Australia. Angie now wants to claim the 10 days and does not want Jake to receive them.

There are no available Flexible PPL days because Angie has claimed 20 days and Jake has claimed 10. Angie can only revoke permission to claim Flexible PPL days that have not been claimed by another person. As Jake’s Flexible PPL days have not been paid, Jake can withdraw them. This will add them back to the balance of available days for Angie to claim.

Had Jake's Flexible days been paid already they would not be able to be withdrawn.

10

PPL transfer details changed after PPL has been granted

Liz lodged an effective claim for PPL on 5 May for Liz's newborn child born 1 March. Liz requested the PPL period commence on 1 August and advised the PLP entitlement would not be transferred to another person.

On 15 June Liz contacts and advises they are returning to work on 30 July and would like to transfer the PPL period only to partner, John. The Service Officer updates Liz’s payment choice using the PPL Circumstance guided procedure (Child leave primary care). They tell Liz that John needs to submit an effective claim and be assessed as eligible before they can receive any PPL entitlement.

The Service Officer also tells Liz to review the claimed Flexible PPL days to prevent any incorrect payments.