28Exceptional circumstances for special PPL claims

28 Exceptional circumstances for special PPL claims

(1) For the purposes of paragraph 54(2)(b) of the Act, the circumstances prescribed by subsection (2), (3), (6) or (7) of this section are exceptional circumstances in which a special PPL claim can be made. Exceptional circumstances—certain partners and other parents (2) Exceptional circumstances in which a special PPL claim can be made are: (a) the person (the relevant person) is any of the following: (i) the partner of the child’s birth mother; (ii) the partner of an adoptive parent of the child; (iii) a person who is a parent of the child and is not the child’s birth mother; (iv) the partner of a person covered by subparagraph (iii); and (b) the child: (i) is in the care of the relevant person; and (ii) has been, or is likely to be, in that care for a continuous period of at least 26 weeks; and (c) the relevant 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 (d) on the day the child came into the care of the relevant person, the child was not entrusted to the care of the relevant person or the relevant 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 (e) if the relevant person is covered by subparagraph (2)(a)(i), (iii) or (iv)—the child’s birth mother: (i) is incapable of caring for the child; and (ii) has been, or is likely to be, incapable of caring for the child for a continuous period of at least 26 weeks; and (f) if the relevant person is covered by subparagraph (2)(a)(ii)—the adoptive parent, or each of the adoptive parents, of the child, as the case requires: (i) is incapable of caring for the child; and (ii) has been, or is likely to be, incapable of caring for the child for a continuous period of at least 26 weeks. Exceptional circumstances—other persons (3) Exceptional circumstances in which a special PPL claim can be made are: (a) the child: (i) is in the care of the person (the relevant 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 relevant 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) on the day the child came into the care of the relevant person, the child was not entrusted to the care of the relevant person or the relevant 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 (d) the relevant person is covered by subsection (4) or (5). (4) For the purposes of paragraph (3)(d), the relevant person is covered by this subsection if the following persons are incapable of caring for the child, and have been, or are likely to be, incapable of caring for the child for a continuous period of at least 26 weeks: (a) the child’s birth mother and the birth mother’s partner (if any); (b) for an adopted child—the adoptive parent of the child and the adoptive parent’s partner (if any), or each of the adoptive parents of the child and their respective partners (if any); (c) the PPL claimant (if any), for the child, who: (i) is covered by paragraph 54(1)(g) of the Act; and (ii) is the child’s primary carer immediately before the relevant person becomes the child’s primary carer. (5) For the purposes of paragraph (3)(d), the relevant person is covered by this subsection if the Secretary is satisfied on reasonable grounds that: (a) the relevant person became the primary carer of the child in special circumstances; and (b) it would be unreasonable for the following persons to care for the child: (i) the child’s birth mother and the birth mother’s partner (if any); (ii) for an adopted child—the adoptive parent of the child and the adoptive parent’s partner (if any), or each of the adoptive parents of the child and their respective partners (if any); (iii) the PPL claimant (if any), for the child, who is covered by paragraph 54(1)(g) of the Act and who is the child’s primary carer immediately before the relevant person becomes the child’s primary carer; and (c) taking into account the arrangements for the child’s care with the relevant person in comparison with those in the child’s previous family situation, it is in the interests of the child for the relevant person to care for the child.