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To qualify for MOB, a recipient must meet the criteria listed in the following table. Where more detail about a criterion is required, the second column indicates where you will find this.
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Criterion |
More Detail |
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ALL of the following basic eligibility criteria | |
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Be handicapped (1.1.H.20), AND |
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| Be at least 16 years of age, AND | - |
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Satisfy the travel test, AND |
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Be an Australian resident and in Australia (section 7(2)), at the time of lodging the claim, AND |
SS Guide 3.1.1 Residence Requirements |
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Be unable to use public transport (1.1.P.490) without substantial assistance (1.1.S.380), due to their disability, either permanently or for an extended period (1.1.E.220), AND |
This topic 3.6.6.30 Assessment of Medical Criteria for MOB |
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For the standard rate, ONE of the following | |
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Be engaged in gainful employment (1.1.G.10) for at least 32 hours every 4 weeks on a continuing basis (1.1.C.320), OR |
3.6.6.40 Assessment of Gainful Employment for Standard Rate MOB 3.6.6.54 Assessment of 32 Hours every 4 Weeks Rule for Standard Rate MOB 3.6.6.55 Assessment of Continuing Basis for Standard Rate MOB |
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Be undertaking a vocational training (1.1.V.60) course for at least 32 hours every 4 weeks on a continuing basis, OR |
3.6.6.50 Assessment of Vocational Training for Standard Rate MOB 3.6.6.54 Assessment of 32 Hours every 4 Weeks Rule for Standard Rate MOB 3.6.6.55 Assessment of Continuing Basis for Standard Rate MOB |
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Be engaged in voluntary work (1.1.V.70) for charitable, welfare or community organisations for at least 32 hours every 4 weeks on a continuing basis, OR |
3.6.6.53 Assessment of Voluntary Work for Standard Rate MOB 3.6.6.54 Assessment of 32 Hours every 4 Weeks Rule for Standard Rate MOB 3.6.6.55 Assessment of Continuing Basis for Standard Rate MOB |
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Be undertaking independent living skills/life skills training for at least 32 hours every 4 weeks, OR |
3.6.6.52 Assessment of Independent Living Skills/ Life Skills Training for Standard Rate MOB 3.6.6.54 Assessment of 32 Hours every 4 Weeks Rule for Standard Rate MOB |
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Be undertaking any combination of vocational training, voluntary work, independent living/ life skills training and gainful employment for at least 32 hours every 4 weeks on a continuing basis, OR |
3.6.6.40 Assessment of Gainful Employment for Standard Rate MOB 3.6.6.50 Assessment of Vocational Training for Standard Rate MOB 3.6.6.52 Assessment of Independent Living Skills/ Life Skills Training for Standard Rate MOB 3.6.6.53 Assessment of Voluntary Work for Standard Rate MOB 3.6.6.54 Assessment of 32 Hours every 4 Weeks Rule for Standard Rate MOB 3.6.6.55 Assessment of Continuing Basis for Standard Rate MOB |
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Be undertaking job search activities under an agreement with a DEEWR funded service provider, OR |
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Be receiving NSA, YA or Austudy and satisfy the activity test associated with these payments. |
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For the higher rate, be receiving DSP, PP (effective from 8 December 2007), NSA or YA (other) and ONE of the following | |
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Be working 15 hours or more per week in the open labour market, OR |
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Be looking for work of 15 hours or more per week under an EPP, or an agreement with a DEEWR funded service provider. |
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Be working at least 15 hours per week in the open labour market for productivity based wages through the SWS (effective from 8 December 2007). |
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People who increase their hours of work enough to go off income support will retain the higher rate of MOB while they do not receive another income support payment and continue to meet the other MOB qualification criteria.
A person cannot receive both rates of MOB at the one time.
A person may have their rate of MOB adjusted on notification of a change of circumstance. A new claim is not required.
Act reference: SSAct section 7(2) An Australian resident is..., section 1035 Qualification for MOB, section 1036 Mobility allowance not payable at 2 rates
Policy reference: SS Guide 3.6.6.100 Termination of MOB
The recipient has turned 16 years of age. There is no upper age limit.
A recipient must lodge a proper claim before MOB can be granted.
Policy reference: SS Guide 8.1.1.20 Claim Lodgement - General Provisions
A claim for MOB may only be made by a person who is an AUSTRALIAN RESIDENT and in Australia at the time of lodging the claim.
A recipient satisfies the travel test if they are required to travel to and from their home in order to undertake:
People residing in a residential complex who only attend various activities within the complex do not satisfy the travel test. However, if the person is required to travel from the complex to undertake a component of an activity then the travel test would be satisfied.
A recipient who qualifies for MOB because of their inability to use public transport without substantial assistance, may still qualify, even if they DO NOT:
Examples:
Explanation: The assessment of 'substantial assistance' is based on evidence supplied by the recipient's treating doctor. Whether the recipient actually receives the assistance is not relevant.
Policy reference: SS Guide 3.6.6.30 Assessment of Medical Criteria for MOB
Recipients undertaking job search activities under an agreement with an employment services provider funded by DEEWR (e.g. JSA, DES) may qualify for MOB, UNLESS they are suspended from the program. These recipients must also meet the other basic qualification criteria for MOB, however, they are not subject to the 32 hours every 4 weeks or continuing basis rules for qualification at the standard rate.
Act reference: SSAct section 1035(1)(d) Qualification for MOB
Recipients who are participating in DES - DMS are considered to be undertaking a 'vocational rehabilitation program' and may qualify for the standard rate of MOB regardless of the specific activities being undertaken as part of the program. These recipients must also meet the other basic qualification criteria for MOB, however, they are not subject to the 32 hours every 4 weeks or continuing basis rules for qualification at the standard rate.
Act reference: SSAct section 1035(1)(h) Qualification for MOB
NSA, YA and Austudy recipients who are required to comply with the activity test can qualify for the standard rate of MOB. These recipients must also meet other criteria for MOB, however, they are not subject to the 32 hours every 4 weeks or continuing basis rules.
Exception: NSA, YA and Austudy recipients who are exempt from the activity test do not satisfy this criterion. If a NSA, YA or Austudy recipient receiving MOB is granted an exemption from the activity test they would be subject to a 2 week period of grace (see 3.6.6.100 Termination of MOB).
In addition to meeting the basic MOB criteria, to meet this eligibility criterion for the higher rate of MOB, recipients must be working 15 hours or more per week at or above the relevant minimum wage.
Someone not working at or above the relevant minimum wage would not qualify for the higher rate of MOB.
Self-employment can be considered as work for MOB if the work is equivalent to work of 15 hours or more per week for wages that are at or above the relevant minimum wage.
Note: There is a clear distinction drawn in the Guide to Social Security Law between wages that are properly characterised as wages and are recorded on a profit and loss statement and amounts taken from the capital of a business and characterised as drawings.
Policy reference: SS Guide 4.7.1.20 Assessment of Income for Sole Traders & Partnerships, 1.1.R.133 Relevant minimum wage (DSP, MOB, Partial capacity to work & CA)
In addition to meeting the basic MOB criteria, to meet this eligibility criterion for the higher rate of MOB, recipients must be working 15 hours or more per week for wages set in accordance with the SWS (effective from 8 December 2007).
Work performed by a person in the course of supported employment (Australian Disability Enterprises) does not meet this criterion. However, a person working in both supported employment and the open labour market may be eligible if they are working in the open labour market for 15 hours or more per week.
Example 1: Mark is working in supported employment (Australian Disability Enterprises) for 15 hours per week. Mark would not be eligible for higher rate MOB.
Example 2: Jennie is working in supported employment for 3 hours per week, and in addition to this, Jennie is working 17 hours in the open labour market for productivity based wages assessed under the SWS. Jennie would be eligible for the higher rate of MOB.
Act reference: SSAct section 1035A(8) Newstart allowance, youth allowance, disability suppport pension and parenting payment recipients
To meet this eligibility criterion for the higher rate of MOB, recipients must be undertaking job search activities under an EPP, or an agreement with a service provider funded by DEEWR including JSA and DES.
An agreement can be an EPP (for activity tested recipients) or a voluntary agreement (for non-activity tested recipients).
Job search activities means activities the person is undertaking under an EPP, or an agreement with a DEEWR funded service provider.
For activity tested recipients, job search activities are:
For DSP and non-activity tested PP recipients, job search activities are:
Act reference: SSAct section 1035A(3) A person satisfies this subsection if the person is receiving disability support pension..., section 1035A(6) Newstart allowance, youth allowance or parenting payment recipients
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Last reviewed: 1 March 2010
