Document ID: chunk:federal_register_of_legislation:C2004A04955:body:0:p5
Version: federal_register_of_legislation:C2004A04955
Segment Type: other
Provision Reference: 
Character Range: 9938–12939

by the person from his or her employment;

the person is taken to be receiving disability support pension for the period of 12 months after the pension ceased to be payable to the person.

    Note: A person who is taken to be receiving disability support pension is qualified for fringe benefits under section 146R.".

Division 4—Mobility allowance

Qualification for mobility allowance

11. Section 1035 of the Principal Act is amended by inserting after paragraph (b):

"(ba) all the following apply:

       (i) the person is a handicapped person;

       (ii) the person is receiving job search allowance or newstart allowance, or youth training allowance under the Student and Youth Assistance Act 1973;

       (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 because of the person's physical or mental disability; and

       (iv) the person is not receiving an amount called the training component from the Employment Department;

           Note: The training component is paid to a person to assist with his or her expenses in undertaking the job search activities.

       (v) the person is physically present in Australia;

       (vi) the person is an Australian resident;".

Division 5—Partner allowance

Multiple entitlement exclusion

12. Section 771HI of the Principal Act is amended by omitting subsection (3) and substituting:

"(3) A partner allowance is not payable to a person if the person is receiving a pension under Part II or IV of the Veterans' Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act.".

Provisional commencement day

13. Section 771HN of the Principal Act is amended:

(a) by omitting from subsection (1) "subsections (2), (3) and (4)" and substituting "this section";

(b) by omitting from subsection (4) "If" and substituting "Subject to subsection (5), if";

(c) by adding at the end:

Partner receiving job search allowance etc.

    "(5) If a person makes a claim for partner allowance within 14 days after the person's partner made a claim for another social security benefit, the person's provisional commencement day is the same as the partner's provisional commencement day in relation to the other benefit granted to the partner.".

Division 6—Sole parent pension

Family relationships definitions—couples

14. Section 4 of the Principal Act is amended:

    (a) by inserting in the definition of "member of a couple" in subsection (1) ", (3A)" after "(3)";

    (b) by inserting in paragraph (2)(a) "or indefinite" after "permanent";

    (c) by omitting from subparagraph (2)(b)(i) "is living" and substituting "has a relationship";

    (d) by omitting from subparagraph (2)(b)(iii) "subsection (3)" and substituting "subsections (3) and (3A)";

    (e) by inserting