Commonwealth Consolidated Acts Commonwealth Consolidated Acts
1 Subsection 1035(1)
After "mobility allowance", insert "at the rate specified in subsection 1044(1)".
Note: The heading to section 1035 is replaced by the heading " Qualification for mobility allowance (rate specified in subsection 1044(1)) ".
2 After section 1035
Insert:
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 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 or youth allowance 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; 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.
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; and
(c) the newstart allowance or youth allowance ceased to be payable to the person because the rate of the allowance 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).
3 Before section 1037
Insert:
1036 Mobility allowance not payable at 2 rates
Mobility allowance at the rate specified in subsection 1044(1) is not payable to a person while mobility allowance at the rate specified in subsection 1044(1A) is payable to the person.
4 Subsection 1044(1)
After "mobility allowance", insert "for a person who qualifies for the allowance under section 1035".
5 After subsection 1044(1)
Insert:
(1A) The fortnightly rate of mobility allowance for a person who qualifies for the allowance under section 1035A is $100.
6 Paragraph 1046(1)(a)
After "mobility allowance", insert "at the rate specified in subsection 1044(1)".
7 Paragraph 1046(2)(a)
After "mobility allowance", insert "at the rate specified in subsection 1044(1)".
8 After subsection 1046(2)
Insert:
(2A) This section applies to a person if:
(a) a mobility allowance is payable to a person at the rate specified in subsection 1044(1A); 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, to satisfy one or more of subsections 1035A(2), (3), (4), (5), (6) and (7).
(2B) This section applies to a person if:
(a) a mobility allowance is payable to a person at the rate specified in subsection 1044(1A) because the person satisfies one or both of subsections 1035A(6) and (7); 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 601 or 605 of this Act or section 81 of the Administration Act; or
(ii) to receive youth allowance for a reason other than the application of section 541A, 544A, 550 B , 551 or 553B of this Act or section 81 of the Administration Act; or
(iii) to undertake 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.
9 Paragraph 1046(4)(b)
Omit "and (2)", substitute " , (2), (2A) and (2B)".
10 Section 1190 (table item 57)
Repeal the item, substitute:
| Mobility allowance |
|
|
57. | mobility allowance for a person qualified under section 1035 | MA rate (standard) | [subsection 1044(1)] |
58. | mobility allowance for a person qualified under section 1035A | MA rate (increased) | [subsection 1044(1A)] |
11 Subsection 1191(1) (table item 34)
Omit "MA rate", substitute "MA rate (standard)".
12 Subsection 1191(1) (after table item 34)
Insert:
34A. | MA rate (increased) | 1 January | June | highest June quarter before the reference quarter (but not earlier than June 2006 quarter) | $0.10 |
13 Subsection 1192(3)
After "MA rate", insert "(standard)".
14 After subsection 1192(3)
Insert:
(3A) The first indexation of the MA rate (increased) under subsection ( 1) is to take place on 1 January 2007.