Paid Maternity Leave on 461 visa

[Fluid36]

Hi Everyone

I have been researching the options for maternity benefits (we have recently had a child) and have discovered that I, as a NZ Citizen am eligible for both the paid maternity leave and the baby bonus.

However, my wife is on a NZ Citizens Family Members visa (subclass 461) and she is the one who is taking leave from work. My question is, is she eligible for the paid maternity leave?, it seems a bit silly that she, as my wife is not eligible if I am as that would mean we would get paid if I took time off work and not get paid when she takes time off work?

The only other option if she is not eligible is for me to claim the baby bonus and family tax benefits instead as I can claim that as one of the parents, it's just that the paid maternity leave works out as more.

Thanks

[kw123]

Hi - have you googled or called Centrelink? The primary carer is entitled to PPL which is usually the mother but can be the father too of course, if the women is back at work.....

Just found this and it doesn't look like those in a 461 are considered Aus residents to be able to get PPL unfortunately

http://www.centrelink.gov.au/internet/internet.nsf/individuals/ppl_working_parents_qa.htm

Worth giving them a call to confirm though. She would still be entitled to any employer benefits if she has worked there 12 months though.

[kw123]

Also, can she not apply for PR just in case she is not entitled to PPL on a 461?

[Fluid36]

Thanks for the reply,

Yes I know about PR, I am eligible to apply for PR through work experience and skills on shortage list and I could also sponsor my wife (even though she would probably be eligible herself due to her skills anyway) but am not doing so at the moment, it's a long and expensive process to get PR without great benefit to either of us at this moment and I need to apply for the baby bonus or the paid maternity leave now so not really thinking about PR.

I also am aware that the primary carer is eligible for paid maternity leave but as stated it is not me who is taking time off work, it is my wife.

It just seems a bit ridiculous that if I were to take time off work I could get paid maternity due to being a NZ citizen but since my wife is taking the time we possible can't get this benefit but instead will have to go for the baby bonus and tax benefit combination (as either primary carer or partner can do this).

I don't think I will get much of an answer from centrelink, I am will to try of course and probably will but was hoping for someone who may know the answer to this.

Thanks again

[kw123]

Yes it's frustrating but ultimately she is not considered an Australian resident but you are, for the moment anyway. At least the BB is better than nothing! I don't think any country apart from Oz (inc NZ?) does this, so you will still get something.

[Fluid36]

Thanks for the reply

I'm not a permanent resident though, that's the thing, as a non protected 444 visa holder I am not considered a permanent resident and am the same status as my wife, yet I can claim the paid maternity leave and she cant, seems ridiculous.

By the way Australians are considered permanent residents when arriving in NZ but not the other way around.

Thanks

[AppleIsleSMum]

I think you will need to call centrelink to get the correct info - your situation doesn't seem very straight forward

[mariansm]

Hi Fluid36, I'm Marian, I work at the Department of Human Services in a team that responds to enquiries about Centrelink payments and services on social media sites like this one.

As others have advised, the temporary visa sub-class 461 does not meet the Social Security Act definition of an Australian resident, therefore holders of this visa are not eligible for any payments. There's information about payment eligibility by visa type here: http://www.fahcsia.gov.au/guides_acts/ssg/ssguide-9.html
(http://www.fahcsia.gov.au/guides_acts/ssg/ssguide-9.html)

There's more info about the Baby Bonus on the Human Services website here: http://www.humanservices.gov.au/customer/services/Centrelink/baby-bonus (http://www.humanservices.gov.au/customer/services/Centrelink/baby-bonus)

All the best.

[Fluid36]

Thanks Marian,

Seems a bit of discrepancy in the system here that needs to be rectified if the father is eligible for paid maternity leave and not the mother.

[kw123]

Thanks Marian,

Seems a bit of discrepancy in the system here that needs to be rectified if the father is eligible for paid maternity leave and not the mother.

Just being devils advocate here.. The reason that your wife/partner isn't eligible is because she is on a different visa to you and is not considered a resident. That's an immigration issue not Centrelink. I don't think that anyone on a work permit should get entitlement just because their partner technically could. It's nothing to do with who is the mother and who is the father, it's to do with visa status. I know it's frustrating and I say this as someone who was in the same boat a few years back. But I don't think non-citizens/residents could or should receive the same benefits as those who are.

[Fluid36]

As stated previously, I'm not a resident so your point isn't valid in t his case, thanks.

[kw123]

Semantics. Your visa status means you are entitled to certain Centrelink benefits and hers doesn't.

[Fluid36]

Two non residents, married with a child, should have the same benefits available. The 461 visa being a 'NZ Family Members Visa' should have the same benefits as the 444 visa automatically given to the NZ Citizen. You can call it semantics but it's obviously a stuff up in the system but that's nothing new.

Anyway, I will simply claim the baby bonus and the family tax benefit instead, slightly less and better than nothing.

In regards to PR, I really can't see any benefit in myself outlaying the 3k to apply now as it won't benefit me in any way.