Document ID: chunk:federal_register_of_legislation:C2004A01115:clause:1_1035:p1
Version: federal_register_of_legislation:C2004A01115
Segment Type: clause
Provision Reference: sch 1 cl 1035 (pt 1/2)
Character Range: 28831–31634

1035  Qualification for mobility allowance

 (1) A person is qualified for a mobility allowance if the person satisfies the travel test set out in subsection (2) and:
 (a) all of the following apply:
 (i) the person is a handicapped person;
 (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 physical or mental 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:
 (i) the person is a handicapped person;
 (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 physical or mental 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:
 (i) the person is a handicapped person;
 (ii) the person is receiving newstart allowance, 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 physical or mental disability; and
 (iv) the person is required to satisfy the activity test;
 (v) the person is an Australian resident; or
 (d) all of the following apply:
 (i) the person is a handicapped person;
 (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 physical or mental disability; and
 (C) the person is undertaking job search activities under an agreement between the Secretary and a service provider nominated by the Secretary of the Employment Department;
 (iii) the person is an Australian resident; or
 (e) all of the following apply:
 (i) the person is a handicapped person;
 (ii) the Secretary is of the opinion that:
 (A) the person is unable to use public transport without substantial assistance, either permanently or for