Document ID: chunk:federal_register_of_legislation:C2025C00162:section:1035:p1
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 1035 (pt 1/3)
Character Range: 1197880–1200716

1035  Qualification for mobility allowance (rate specified in subsection 1044(1))
 (1) A person is qualified for a mobility allowance at the rate specified in subsection 1044(1) if the person satisfies the travel test set out in subsection (2) of this section, the person is a person with disability, the person has turned 16 and:
 (a) all of the following apply:
 (ii) the person is engaged in gainful employment;
 (iii) the Secretary is of the opinion that:
 (A) the person is unable to use public transport without substantial assistance, either permanently or for an extended period; and
 (B) the person's inability to use public transport without substantial assistance is due to the person's disability; and
 (C) the person is engaged in the gainful employment for at least 32 hours in every 4 weeks on a continuing basis;
 (iv) the person is an Australian resident; or
 (b) all of the following apply:
 (ii) the person is undertaking vocational training;
 (iii) the Secretary is of the opinion that:
 (A) the person is unable to use public transport without substantial assistance, either permanently or for an extended period; and
 (B) the person's inability to use public transport without substantial assistance is due to the person's disability; and
 (C) the person is undertaking the vocational training for at least 32 hours in every 4 weeks on a continuing basis;
 (iv) the person is an Australian resident; or
 (c) all of the following apply:
 (ii) the person is receiving jobseeker payment, youth allowance or austudy payment;
 (iii) the Secretary is of the opinion that:
 (A) the person is unable to use public transport without substantial assistance, either permanently or for an extended period; and
 (B) the person's inability to use public transport without substantial assistance is due to the person's disability; and
 (iv) if the person is receiving jobseeker payment—the person is required to satisfy the employment pathway plan requirements;
 (iva) if the person is receiving youth allowance—the person is undertaking full‑time study (see section 541B) or is required to satisfy the employment pathway plan requirements;
 (ivb) if the person is receiving austudy payment—the person is required to satisfy the activity test;
 (v) the person is an Australian resident; or
 (d) all of the following apply:
 (ii) the Secretary is of the opinion that:
 (A) the person is unable to use public transport without substantial assistance, either permanently or for an extended period; and
 (B) the person's inability to use public transport without substantial assistance is due to the person's disability; and
 (C) the person is undertaking job search activities under an agreement between the Secretary and a service provider nominated by the Secretary;
 (iii) the person is an Australian resident; or
 (e) all of the