(f)an exemption from work-test obligations or from obligations to prepare for employment (other than any exemption that, under regulations made under section 431, is not available to a person receiving jobseeker support).
(5)This section does not preclude a review under subpart 3 of Part 6 (review of entitlement to, or rate of, benefit granted) of whether P satisfies the conditions of entitlement to jobseeker support.
Compare: 1964 No 136 s 20H
Subpart 4—Supported living payment
Supported living payment on ground of restricted work capacity or total blindness
34Supported living payment: on ground of restricted work capacity or total blindness: requirements
A person is entitled to the supported living payment if the person—
(a)has restricted work capacity or is totally blind; and
(b)meets the residential requirement; and
(c)is aged 16 years or over.
Compare: 1964 No 136 s 40B(1)–(1B)
35When person has restricted work capacity
(1)A person (P) has restricted work capacity if P is permanently and severely restricted in P’s capacity for work because of a health condition, or because of injury or disability arising (in either case) from an accident or existing from birth.
(2)P is permanently restricted in P’s capacity for work if MSD is satisfied that—
(a)the restricting health condition, injury, or disability is expected to continue for at least the period set out in regulations made under section 418(1)(b); or
(b)P is not expected to live for that period because P’s condition is terminal.
(3)P is severely restricted in P’s capacity for work if MSD is satisfied that P is incapable of regularly working at least 15 hours a week in open employment.
Compare: 1964 No 136 s 40B(1), (2), (3)
36Supported living payment: on ground of restricted work capacity or total blindness: ineligibility
A person (P) must not be granted a supported living payment if MSD is satisfied that P’s restricted capacity for work or total blindness was self-inflicted and brought about by P with a view to qualifying for a benefit.
Compare: 1964 No 136 s 40B(5)
