Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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) 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 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 the Competitive Employment Placement and Training Program administered by the Department;
(iii) the person is an Australian resident; or
(f) 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 engaged in voluntary work for at least 32 hours in every 4 weeks on a continuing basis;
(iii) the person is an Australian resident; or
(g) 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;
(iii) the Secretary is of the opinion that the person is undertaking a combination of any 2 or more of the following:
(A) gainful employment;
(B) vocational training;
for at least 32 hours in every 4 weeks on a continuing basis;
(iv) the person is an Australian resident ; or
(h) all of the following apply:
(i) the person is a handicapped person;
(ii) the person is undertaking a vocational rehabilitation program;
(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;
(iv) the person is an Australian resident.
(2) A person satisfies the travel test mentioned in subsection (1) if the person is required to travel to and from the person's home for the purpose of undertaking:
(a) gainful employment; or
(b) vocational training; or
(c) job search activities; or
(e) a vocational rehabilitation program.
(3) In this section:
"vocational rehabilitation program" means a rehabilitation program (or follow-up program) under Part III of the Disability Services Act 1986 that provides a person with assistance to obtain or retain unsupported paid employment.
Note: A vocational rehabilitation program may include vocational training within the meaning of section 19.
"vocational training" means vocational training within the meaning of section 19 (other than training provided as part of a rehabilitation program or follow-up program under Part III of the Disability Services Act 1986 ).
"voluntary work" means work approved by the Secretary undertaken in a voluntary capacity for charitable, welfare or community organisations.
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