If the birth mother dies or is excluded from baby’s care, and had not applied or did not qualify for payments

If you’re the spouse or partner of the birth mother and have become primary carer because she died or is excluded from the child’s care, you can get payments and start them after you became primary carer as long as:

you meet the work requirements

the child is under 1 year old

the birth mother did not apply for, or did not qualify for, parental leave payments, and

you stop work within a reasonable period of the date the child came into your care.