188.8.131.52 Payability of MOB
Even though a recipient is qualified, MOB is NOT payable to the recipient in the circumstances listed in the following table. Where more detail about the circumstance is required, the second column indicates where you will find this.
|The recipient receives a car from DVA, under the Vehicle Assistance Scheme or the Motor Vehicle Compensation Scheme.||This topic|
|Receiving a funded package of support under the NDIS.||This topic|
|The recipient is overseas.||This topic|
|The recipient has received an advance of MOB and the advance payment period (1.1.A.80) has not ended.||This topic|
|Allowance is not payable before the start day.||8.3 Start days|
|Other common payability provisions.||3.1.6 General payability provisions|
|The recipient is serving a NARWP unless he or she has a QRE.||184.108.40.206 Newly arrived resident's waiting period (NARWP)
1.1.Q.35 Qualifying residence exemption (QRE)
Act reference: SS(Admin)Act section 64 Effect of failing to comply with requirement …
From 1 January 2019 changes were made to the NARWP for MOB. A person who is granted a permanent visa on or after 1 January 2019 is subject to a 208 NARWP for MOB. A person who was a holder of a permanent visa before 1 January 2019 will be subject to a 104 week NARWP for MOB.
Note: Different payments have different NARWP periods. The length of the waiting period depends on a person's situation and payment type. A person who has fully served a NARWP for one payment may still be serving a NARWP for other payments. Refer to specific payment guide topics for individual rules.
Exemptions from the NARWP
There are a number of exemptions from the NARWP for MOB, and situations where a NARWP does not apply (see 220.127.116.11 for details). This includes:
- Australian citizens
- refugee, former refugee or a family member of a refugee.
Note: A person who has a QRE for MOB will receive an exemption to the NARWP for MOB.
Act reference: SSAct section 7(6) A person has a qualifying residence exemption …, section 7(6AA) A person also has a qualifying residence exemption …, section 1039AA(2) to section 1039AA(5) Subsection (1) does not apply to a person … (MOB)
Recipients assisted under DVA Vehicle Assistance Scheme
Recipients who are given a car through the DVA Vehicle Assistance Scheme or Motor Vehicle Compensation Scheme cannot be paid MOB while they have use of the car. This includes the initial car which is provided to the recipient and any replacement cars for which the recipient receives a grant to assist with the purchase.
Explanation: Veterans who suffer from severe disabilities which affect their mobility may be given a car under section 105 of the VEA. This scheme provides them with a car and an annual running and maintenance allowance. After 2 years the veteran is entitled to a vehicle replacement grant to assist in the purchase of a new vehicle.
Act reference: Veterans' Entitlement Act 1986 section 105 Vehicle Assistance Scheme
Military Rehabilitation and Compensation Act 2004 section 212 Motor Vehicle Compensation Scheme
Person assisted under the NDIS
MOB cannot be paid to a person who is a NDIS participant if:
- a NDIS plan is in effect for that person, AND
- the plan contains a statement specifying the reasonable and the necessary supports for that person will be funded under the NDIS.
Participants in the NDIS who do not receive funded supports can be considered payable for MOB.
Participants in the Western Australian My Way program do not lose their eligibility for MOB.
Act reference: SSAct section 1038 MOB not payable when person is NDIS participant
Recipients receiving a GST-free car
A person who is supplied with a GST-free car under A New Tax System (Goods and Services Tax) Act 1999 may also be eligible for MOB.
MOB may be payable for temporary overseas absences of up to 6 weeks, provided the person remains qualified.
Recipients can receive advance payment of MOB, subject to the provisions detailed in the linked policy reference.
Policy reference: SS Guide 5.4.5 MOB advance payment