Exceptional circumstances

You may be able to claim Parental Leave Pay under exceptional circumstances even if you’re not the child’s parent.

Getting Parental Leave Pay in exceptional circumstances

To claim Parental Leave Pay for exceptional circumstances, all the following must first apply:

• the child’s parent or parents are incapable of caring for them
• you become the child’s primary carer within 52 weeks of their birth or adoption
• you’ll care for them for at least 26 weeks
• they aren’t in your care as part of a decision made by a state or territory child protection agency, unless you’re a legal parent.

You’ll need to show that these exceptional circumstances are the reason the child came into your care.

Eligibility for parents and non-parents

Your eligibility depends on your relationship to the child.

If you’re the child’s parent or the partner of a parent

If you’re the child’s parent or the partner of a parent, you may be able to claim if both of the following apply:

• the birth mother or initial adoptive parent is incapable of caring for the child for at least 26 weeks
• you’ll be caring for the child for at least 26 weeks.

If you’re not the child’s parent

If you’re not the child’s parent, you may only get Parental Leave Pay if either:

• the birth mother and their partner are both considered incapable of caring for the child for at least 26 weeks
• the initial adoptive parent and their partner are both considered incapable of caring for the child for at least 26 weeks.

When a parent is considered incapable of caring for a child

We consider a parent incapable of caring for a child if they have no capacity to care for the child, or their capacity is so limited it is treated as no capacity. This circumstance needs to be expected to last at least 26 weeks.

A parent may be considered incapable of caring for a child if they have:

• been imprisoned or institutionalised
• a serious or severe medical condition or illness
• had a serious accident or has died
• another exceptional circumstance outside of their control.

When to claim

You should make a claim once the child enters your primary care due to the exceptional circumstances.

If you expect a child will come into your care because of an exceptional circumstance, you’ll need to wait until this has happened and you’ve become the child’s primary carer to claim.

You will be asked to provide details of the exceptional circumstances in your claim and may be required to provide evidence to support your claim. You can contact us on the Families line to discuss your circumstances.

How many Parental Leave Pay days you can get

You may be eligible for the full amount of Parental Leave Pay days for a child that is in your care under exceptional circumstances.

Any Parental Leave Pay days you’ve already received for the child will be deducted from the full number of Parental Leave Pay days available.

If someone has already started to get Parental Leave Pay for the child, you may be eligible for the rest of it, even if you haven’t met the work test or income test.

If you’re caring for the child in exceptional circumstances, you can give approval to share some or all of the days with your partner.