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SOCIAL SECURITY ACT 1991 - SECT 1046

Continuation of mobility allowance when person ceases to be qualified

             (1)   This section applies to a person if:

                     (a)  a mobility allowance at the rate specified in subsection 1044(1) is payable to a person; 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 undertake gainful employment, vocational training or voluntary work; or

                             (ii)  to undertake a combination of any 2 or more of the following:

                                        (A)  gainful employment;

                                        (B)  vocational training;

                                        (C)  voluntary work;

                            for at least 32 hours in every 4 weeks on a continuing basis.

             (2)   This section applies to a person if:

                     (a)  a mobility allowance at the rate specified in subsection 1044(1) is payable to a person; 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 subsection 42AL(1), 42AO(1), 42AP(5), 42P(1) or 42S(1), or section 81, of the Administration Act; or

                             (ii)  to receive youth allowance for a reason other than the application of section 541A, 544A, 544C, 550 or 553B of this Act, or subsection 42AL(1), 42AO(1), 42AP(5), 42P(1) or 42S(1), or section 81, of the Administration Act; or

                            (iii)  to receive an austudy payment for a reason other than the application of section 569 or 576 of this Act or section 81 of the Administration Act; or

                            (iv)  to undertake 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; or

                             (v)  to undertake job search activities under the Competitive Employment Placement and Training Program administered by the Department; or

                            (vi)  to undertake a vocational rehabilitation program.

          (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), (7), (8) and (9).

          (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 subsection 42AL(1), 42AO(1), 42AP(5), 42P(1) or 42S(1), or section 81, of the Administration Act; or

                             (ii)  to receive youth allowance for a reason other than the application of section 541A, 544A, 550B, 551 or 553B of this Act, or subsection 42AL(1), 42AO(1), 42AP(5), 42P(1) or 42S(1), or section 81, of the Administration Act; or

                           (iia)  to receive parenting payment for a reason other than the application of section 500J of this Act, or subsection 42AL(1), 42AO(1), 42AP(5), 42P(1) or 42S(1), 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, for work of at least 15 hours per week on wages that are at or above the relevant minimum wage.

             (3)  A person to whom this section applies continues to be qualified for the mobility allowance for 12 weeks after the person would, apart from this section, have ceased to be qualified for the mobility allowance.

             (4)   If:

                     (a)  a mobility allowance is payable to a person; and

                     (b)  the person would, apart from this section, cease to be qualified for the allowance because of circumstances other than those described in subsections (1) , (2), (2A) and (2B) ;

the person continues to be qualified for the mobility allowance for 2 weeks after the person would, apart from this section, have ceased to be qualified for the mobility allowance.

             (5)   If:

                     (a)  a mobility allowance is payable to a person because of subsection (3); and

                     (b)  circumstances occur that would, if the person were still qualified for the allowance, result in the person ceasing to be qualified;

the mobility allowance ceases to be payable to the person on the day on which those circumstances occur.

             (6)  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 vocational 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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