220.127.116.11 Qualification for MOB
Qualification (1.1.Q.10) criteria
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.
|ALL of the following basic eligibility criteria|
|Be handicapped (1.1.H.20), AND||-|
|Be at least 16 years of age, AND||-|
|Satisfy the travel test, AND||18.104.22.168 Travel test for MOB|
|Be an Australian resident and in Australia, at the time of lodging the claim, AND||3.1.1 Residence Requirements|
|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||
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:
Assessment of 'substantial assistance' is based on evidence supplied by the recipient's treating doctor.
22.214.171.124 Assessment of Medical Criteria for MOB
|For the standard rate:||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||
126.96.36.199 Assessment of Gainful Employment for Standard Rate MOB
188.8.131.52 Assessment of vocational training for standard rate MOB
184.108.40.206 Assessment of independent living skills/life skills training for standard rate MOB
220.127.116.11 Assessment of voluntary work for standard rate MOB
18.104.22.168 Assessment of 32 Hours every 4 Weeks Rule for Standard Rate MOB
22.214.171.124 Assessment of Continuing Basis for Standard Rate MOB
|Be undertaking job search activities under an agreement with an employment service provider, OR||Recipients undertaking job search activities under an agreement with an employment services provider (e.g. jobactive, DES, CDP) may qualify for MOB, unless they are suspended from the program.|
|Be participating in DES - DMS, OR||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.|
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 126.96.36.199).
3.2.8 Mutual Obligation for NSA/YA Job Seekers
3.3.4 Satisfying the Activity Test for Austudy
|For the higher rate:||Be receiving DSP, PP (effective from 8 December 2007), NSA or YA (as a job seeker) and ONE of the following:|
|Be working 15 hours or more per week in the open labour market, OR||
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.
Be looking for work of 15 hours or more per week under a Job Plan, or an agreement with an employment service provider or DHS.
|188.8.131.52 Notification & Recipient Obligations for MOB|
|Be working at least 15 hours per week in the open labour market for productivity based wages through the SWS.||
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.
If a DSP, PP, NSA or YA (other) recipient's income from work increases such that their payment is no longer payable, they will retain the higher rate of MOB while they continue to meet the other MOB requirements.
From 1 July 2012, recipients of DSP will be able to work up to 30 hours per week without losing qualification for DSP. If a DSP recipient works over 30 hours, they will cease to be eligible for DSP but they will retain eligibility for the higher rate of MOB, provided all other criteria for MOB are also met.
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 (rate specified in subsection 1044(1)), section 1035(1)(d) A person is qualified for a MOB …, section 1035A(8) NSA, YA, DSP and PP recipients, section 1036 MoB not payable at 2 rates
More detail on looking for work of 15 hours or more per week under a Job Plan, or an agreement with an employment service provider or DHS
To meet this eligibility criterion for the higher rate of MOB, recipients must be undertaking job search activities under a Job Plan, or an agreement with DHS or an employment service provider including jobactive, DES and the CDP.
An agreement can be a Job Plan (for activity tested recipients) or a voluntary agreement (for non-activity tested recipients).
Job search activities mean activities the person is undertaking under a Job Plan, or an agreement with an employment service provider or DHS.
For activity tested recipients, job search activities are:
- activities to look for work of 15 hours or more per week at or above the relevant minimum wage, OR
- activities in a Job Plan which aim to make the recipient ready to look for work of at least 15 hours per week at or above the relevant minimum wage (such as vocational rehabilitation, pre-vocational assistance, vocational training, voluntary or community work and other requirements undertaken as part of a work experience activity requirement).
For DSP and non-activity tested PP recipients, job search activities are:
- activities to look for work of 15 hours or more per week at or above the relevant minimum wage.
Act reference: SSAct section 1035A(3) A person satisfies this subsection if …, section 1035A(6) NSA, YA or PP recipients