Document ID: chunk:federal_register_of_legislation:C2007C00215:clause:11_1035a:p1
Version: federal_register_of_legislation:C2007C00215
Segment Type: clause
Provision Reference: sch 11 cl 1035A (pt 1/3)
Character Range: 263092–265742

1035A  Qualification for mobility allowance (rate specified in subsection 1044(1A))

General principle

 (1) A person is qualified for a mobility allowance at the rate specified in subsection 1044(1A) if:
 (a) the person is a handicapped person; and
 (b) the Secretary is of the opinion that the person is unable to use public transport without substantial assistance (either permanently or for an extended period) due to the person's physical or mental disability; and
 (c) the person is an Australian resident; and
 (d) the person satisfies one or more of subsections (2) to (7).

Disability support pension

 (2) A person satisfies this subsection if:
 (a) at a particular time, the person's hours of work per week, on wages that are at or above the relevant minimum wage increase to at least 30 hours per week; and
 (b) immediately before that time, the person was receiving disability support pension as a result of a claim made before 1 July 2006; and
 (c) the person ceased to be qualified for disability support pension because of the increase in the number of hours worked; and
 (d) since the time mentioned in paragraph (a), the person:
 (i) has been working at least 30 hours per week on wages that are at or above the relevant minimum wage; and
 (ii) has not received another income support payment; and
 (e) the person is required to travel to and from the person's home for the purpose of performing that work.
However, this subsection ceases to apply to a transitional DSP applicant from the date of effect of the first decision about the person's capacity to perform work made on or after 1 July 2006 following a review of the person's capacity to perform work.

 (3) A person satisfies this subsection if:
 (a) the person is receiving disability support pension; and
 (b) one or both of the following applies to the person:
 (i) the person is working for at least 15 hours per week on wages that are at or above the relevant minimum wage;
 (ii) 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 for work of at least 15 hours per week on wages that are at or above the relevant minimum wage; and
 (c) if the person is working as mentioned in subparagraph (b)(i)—the person is required to travel to and from the person's home for the purpose of performing the work; and
 (d) if the person is undertaking job search activities as mentioned in subparagraph (b)(ii)—the person is required to travel to and from the person's home for the purpose of undertaking those activities.

 (4) A person satisfies this subsection