The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

3.6.6.90 Continuation of MOB during leave from employment & training

Leave during paid employment (standard rate)

Where recipients are engaged in paid work, they may combine hours worked with periods of paid leave to meet the 32 hours every 4 weeks rule. Refer to 3.6.6.54.

Paid leave may include periods when the recipient receives workers' compensation, recreation leave, paid sick leave, flextime, rostered days off and long service leave.

Recipients cannot combine hours worked with periods of unpaid leave to meet the 32 hours every 4 weeks rule. Refer to 3.6.6.54.

Unpaid leave may include unpaid parental, carer's or compassionate leave.

Example: A recipient does paid work for 30 hours and also receives paid leave entitlements for 8 hours in a four week period. This recipient averages 9.5 hours a week and meets the 32 hours every 4 weeks rule to qualify for MOB.

Example: A recipient does paid work for 24 hours and also receives unpaid leave for 10 hours in a four week period. This recipient averages 6 hours a week and does not meet the 32 hours every 4 weeks rule to qualify for MOB.

Act reference: SSAct section 1046 Continuation of MOB when person ceases to be qualified

Policy reference: SS Guide 3.6.6.10 Qualification for MOB, 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

Leave during vocational training (1.1.V.60) (standard rate)

Recipients in vocational training remain qualified for standard rate MOB during:

  • regular absences from the course, as long as they are managing to attend for 32 hours every 4 weeks, AND
  • normal course holidays, as long as they continue to be registered for the course.

Last reviewed: