37Supported living payment: on ground of restricted work capacity or total blindness: medical examination
(1)The section applies to a person (P) who is an applicant for, or who is receiving, a supported living payment on the ground of restricted work capacity or total blindness.
(2)MSD may at any time require P to undergo an examination by a prescribed health practitioner.
(3)The prescribed health practitioner must be agreed for the purpose between P and MSD or, failing agreement, must be nominated by MSD.
(4)The prescribed health practitioner must prepare, and must send MSD a copy of, a report that indicates—
(a)whether P is (or whether there is doubt about whether P is)—
(i)permanently and severely restricted in P’s capacity for work; or
(ii)totally blind; and
(b)the grounds on which the opinion given in paragraph (a) is based.
(5)The report must, in the case of doubt referred to in subsection (4)(a), and may, in any other case, indicate a date for review of the permanency or severity, or both, of P’s health condition, injury, or disability.
Compare: 1964 No 136 s 40C
38Supported living payment: on ground of restricted work capacity or total blindness: payment not apportioned in specified cases
(1)This section applies to a person (P) who is in a relationship and who—
(a)is receiving long-term residential care in a hospital or rest home because P has a disability; and
(b)has not been means assessed under Part 6 of the Residential Care and Disability Support Services Act 2018.
(2)A supported living payment payable to P is not apportioned and must be paid at half of the appropriate rate in Part 3 of Schedule 4.
(3)A supported living payment payable to P’s spouse or partner (S) (if S is not receiving long-term residential care in a hospital or rest home) is not apportioned and must be paid at the rate in Part 3 of Schedule 4 that would be appropriate if S were entitled to a supported living payment in S’s own right and were single.
Compare: 1964 No 136 s 40I(3)–(5)
39Supported living payment: on ground of restricted work capacity: encouraging open employment
(1)The purpose of this section is to encourage specified recipients of a supported living payment to undertake open employment in order to establish whether they can sustain that employment and cease receiving that benefit.
