Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 1035A

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 (9) .

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 the person, or an employment pathway plan that is in force in relation to the person, 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 if:

                     (a)  subsection (2) does not apply (or has ceased to apply) to the person; and

                     (b)  the person is working for at least 15 hours per week on wages that are at or above the relevant minimum wage; and

                     (c)  immediately before the person started that work, the person was receiving disability support pension; and

                     (d)  the person ceased to be qualified for disability support pension because of the number of hours worked; and

                     (e)  since starting that work, the person:

                              (i)  has been working at least 15 hours per week on wages that are at or above the relevant minimum wage; and

                             (ii)  has not received another income support payment; and

                      (f)  the person is required to travel to and from the person's home for the purpose of performing that work.

             (5)  A person satisfies this subsection if:

                     (a)  subsection (2) does not apply (or has ceased to apply) to the person; and

                     (b)  at a particular time, the person starts to earn income from work or the person's income from work increases; and

                     (c)  immediately before that time, the person was receiving disability support pension; and

                     (d)  the disability support pension ceased to be payable to the person because the rate of the pension is nil due to the income, or increased income, the person earned from the work; and

                     (e)  since the time mentioned in paragraph (b), the person has been working at least 15 hours per week on wages that are at or above the relevant minimum wage; and

                      (f)  the person is required to travel to and from the person's home for the purpose of performing that work; and

                     (g)  since the time mentioned in paragraph (b), no income support payment has been payable to the person because the rate of the payment is nil due to the income, or increased income, the person has been earning from the work.

Newstart allowance, youth allowance or parenting payment recipients

             (6)  A person satisfies this subsection if:

                     (a)  the person:

                              (i)  is receiving newstart allowance; or

                             (ii)  is receiving youth allowance, but is not undertaking full-time study and is not a new apprentice; or

                            (iii)  is receiving parenting payment; 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 the person, or an employment pathway plan that is in force in relation to the person, 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.

Note 1:       For undertaking full-time study see section 541B.

Note 2:       For new apprentice see subsection 23(1).

             (7)  A person satisfies this subsection if:

                     (a)  at a particular time, the person starts to earn income from work or the person's income from work increases; and

                     (b)  immediately before that time, the person:

                              (i)  was receiving newstart allowance; or

                             (ii)  was receiving youth allowance, but was not undertaking full-time study and was not a new apprentice; or

                            (iii)  was receiving parenting payment; and

                     (c)  the newstart allowance, youth allowance or parenting payment ceased to be payable to the person because the rate of the allowance or payment was nil due to the income, or increased income, the person earned from his or her work; and

                     (d)  since the time mentioned in paragraph (a), the person has been working at least 15 hours per week on wages that are at or above the relevant minimum wage; and

                     (e)  the person is required to travel to and from the person's home for the purpose of performing that work; and

                      (f)  since the time mentioned in paragraph (a), no income support payment has been payable to the person because the rate of the payment is nil due to the income, or increased income, the person has been earning from the work.

Note 1:       For undertaking full-time study see section 541B.

Note 2:       For new apprentice see subsection 23(1).

Newstart allowance, youth allowance, disability support pension and parenting payment recipients

             (8)  A person satisfies this subsection if:

                     (a)  the person:

                              (i)  is receiving newstart allowance; or

                             (ii)  is receiving youth allowance , but is not undertaking full-time study and is not a new apprentice; or

                            (iii)  is receiving disability support pension; or

                            (iv)  is receiving parenting payment; and

                     (b)  the person is working for at least 15 hours per week on wages set in accordance with the program administered by the Commonwealth known as the supported wage system; and

                     (c)  the work is not performed by the person in the course of employment that is supported by supported employment services within the meaning of section 7 of the Disability Services Act 1986 ; and

                     (d)  the person is required to travel to and from the person's home for the purpose of performing the work.

Note 1:    For undertaking full-time study see section 541B.

Note 2:    For new apprentice see subsection 23(1).

             (9)  A person satisfies this subsection if:

                     (a)  at a particular time, the person starts to earn income from work or the person's income from work increases; and

                     (b)  immediately before that time, the person:

                              (i)  was receiving newstart allowance; or

                             (ii)  was receiving youth allowance , but was not undertaking full-time study and was not a new apprentice; or

                            (iii)  was receiving disability support pension; or

                            (iv)  was receiving parenting payment; and

                     (c)  the newstart allowance, youth allowance, disability support pension or parenting payment ceased to be payable to the person because the rate of the allowance, pension or payment was nil due to the income, or increased income, the person earned from his or her work; and

                     (d)  since the time mentioned in paragraph (a), the person has been working:

                              (i)  for at least 15 hours per week on wages set in accordance with the program administered by the Commonwealth known as the supported wage system; or

                             (ii)  at least 15 hours per week on wages that are at or above the relevant minimum wage; and

                     (e)  the work has not been performed by the person in the course of employment that is or was supported by supported employment services within the meaning of section 7 of the Disability Services Act 1986 ; and

                      (f)  the person has been required to travel to and from the person's home for the purpose of performing that work; and

                     (g)  since the time mentioned in paragraph (a), no income support payment has been payable to the person because the rate of the payment is nil due to the income, or increased income, the person has been earning from the work.

Note 1:    For undertaking full-time study see section 541B.

Note 2:    For new apprentice see subsection 23(1).