Document ID: chunk:federal_register_of_legislation:C2004C01311:clause:1_1046
Version: federal_register_of_legislation:C2004C01311
Segment Type: clause
Provision Reference: sch 1 cl 1046
Character Range: 34756–37230

1046  Continuation of mobility allowance when person ceases to be qualified

 (1) This section applies to a person if:
 (a) a mobility allowance is payable to a person; and
 (b) the person would, apart from this section, cease to be qualified for the mobility allowance because he or she ceases, in the Secretary's opinion:
 (i) to be engaged in gainful employment; or
 (ii) to undertake vocational training or a combination of vocational training and gainful employment; or
 (iii) to engage in voluntary work approved by the Secretary for charitable, welfare or community organisations;
  for at least 8 hours a week on a continuing basis.

 (2) This section applies to a person if:
 (a) a mobility allowance is payable to a person; and
 (b) the person would, apart from this section, cease to be qualified for the mobility allowance because he or she ceases, in the Secretary's opinion:
 (i) to receive newstart allowance for a reason other than the application of section 597, 601, 605 or 660IA; or
 (ii) to receive youth allowance for a reason other than the application of section 541A, 544A, 544C, 550, 553B or 565C; or
 (iii) to receive an austudy payment for a reason other than the application of section 569, 576 or 590C; or
 (iv) to undertake job search activities as part of an activity plan developed by a Disability Panel established by the Secretary; or
 (v) to undertake job search activities under the Competitive Employment Placement and Training Program administered by the Health Department.

 (3) A person to whom this section applies continues to be qualified for the mobility allowance for 12 weeks after the person would, apart from this section, have ceased to be qualified for the mobility allowance.

 (4) If:
 (a) a mobility allowance is payable to a person; and
 (b) the person would, apart from this section, cease to be qualified for the allowance because of circumstances other than those described in subsections (1) and (2);
the person continues to be qualified for the mobility allowance for 2 weeks after the person would, apart from this section, have ceased to be qualified for the mobility allowance.

 (5) If:
 (a) a mobility allowance is payable to a person because of subsection (3); and
 (b) circumstances occur that would, if the person were still qualified for the allowance, result in the person ceasing to be qualified;
the mobility allowance ceases to be payable to the person on the day on which those circumstances occur.