26Exceptional circumstances for PPL claims—general

26 Exceptional circumstances for PPL claims—general

(1) This section applies in relation to a child (other than a child born because of a surrogacy arrangement). (2) For the purposes of paragraph 54(1)(g) of the Act, the exceptional circumstances in which a PPL claim can be made are: (a) the child: (i) is in the care of the person; and (ii) has been, or is likely to be, in that care for a continuous period of at least 26 weeks; and (b) the person became, or is likely to become, the child’s primary carer: (i) before the child’s first birthday; or (ii) for an adopted child—before the first anniversary of the placement of the child; and (c) one of the circumstances in subsection (3) applies; and (d) if the person is not a parent or a partner of a parent of the child—the person satisfies the additional circumstance in subsection (4). (3) For the purposes of paragraph (2)(c), the circumstances are that either: (a) the child’s birth mother, or the child’s adoptive parent or adoptive parents, as the case requires: (i) are incapable of caring for the child; and (ii) have been, or are likely to be, incapable of caring for the child for a continuous period of at least 26 weeks; or (b) the Secretary is satisfied on reasonable grounds that: (i) the person became the primary carer of the child in special circumstances; and (ii) it would be unreasonable for the child’s birth mother, or the child’s adoptive parent or adoptive parents, as the case requires, to care for the child; and (iii) taking into account the arrangements for the child’s care with the person in comparison with those in the child’s previous family situation, it is in the interests of the child for the person to care for the child. (4) For the purposes of paragraph (2)(d), the additional circumstance is: (a) the partner (if any) of the child’s birth mother, or of the child’s adoptive parent or each of the adoptive parents, as the case requires, is incapable of caring for the child; and (b) on the day the child came into the care of the person, the child was not entrusted to the care of the person or the person’s partner (if any) under a decision made by a child protection agency of a State or Territory, or a court of a State or Territory, under a law of that State or Territory dealing with child protection; and (c) the Secretary is satisfied on reasonable grounds that: (i) the person became the primary carer of the child in special circumstances; and (ii) it would be unreasonable for the partner (if any) of the birth mother, or of the adoptive parent or each of the adoptive parents, of the child to care for the child; and (iii) taking into account the arrangements for the child’s care with the person in comparison with those in the child’s previous family situation, it is in the interests of the child for the person to care for the child.

Note: For when it is unreasonable for a person to care for a child, see section 6.