Eligibility for Dad and Partner Pay

To be eligible for Dad and Partner Pay, you need to meet certain criteria.

You need to be either the:

  • biological father of the child
  • partner of the birth mother
  • adoptive parent
  • partner of an adoptive parent, or
  • person caring for a child born of a surrogacy arrangement

In some circumstances, you may also be eligible if you're the:

  • partner of the biological father, or
  • partner of a new carer where care arrangements have changed, other than a foster care or permanent care arrangement

Birth mothers aren’t eligible for Dad and Partner Pay. Birth mothers may be eligible for:

You also need to:

  • provide care for a newborn or recently adopted child - you don't need to have a particular percentage of care or legal responsibility, but you must be caring for the child on each day during your Dad and Partner Pay period
  • meet the work test for Dad and Partner Pay
  • meet residence requirements
  • have received an individual adjusted taxable income of $150,000 or less in the financial year either before the date of your claim or the date your Dad and Partner Pay period starts, whichever is earlier, and
  • be on unpaid leave or not working during your Dad and Partner Pay period

Your Dad and Partner Pay period is the time you take off work and receive Dad and Partner Pay. This can be up to 2 weeks. Your Dad and Partner Pay period must be taken in 1 continuous block.

Your employer may choose to pay you a top up payment to supplement your Dad and Partner Pay. For example, they may pay the difference between your Dad and Partner Pay and your normal wage. This won't affect your eligibility. A top up payment isn't considered paid leave for the purposes of Dad and Partner Pay eligibility.

For multiple births or adoption, such as twins, Dad and Partner Pay can only be paid once.

In the case of a stillbirth or infant death, you may still be eligible for Dad and Partner Pay or Stillborn Baby Payment.

Read more about how Bereavement Payment can help you when a child has died.

Page last updated: 26 August 2016

This information was printed Friday 30 September 2016 from humanservices.gov.au/customer/enablers/eligibility-dad-and-partner-pay It may not include all of the relevant information on this topic. Please consider any relevant site notices at humanservices.gov.au/siteinformation when using this material.