Page:Social Security Act 2018 (Version 56).pdf/43

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2018 No 32
Social Security Act 2018
Part 2 s 36

(2)This section applies to a person (P) who—

(a)is receiving a supported living payment granted on the ground of permanent and severe restriction of capacity for work; but

(b)is with MSD’s agreement undertaking open employment for a period agreed with MSD in order to establish whether P can sustain open employment.

(3)The period of open employment agreed with MSD must not exceed 26 weeks (even if that employment is, or is expected to be, for a period that is longer than the agreed period).

(4)P does not lose P’s entitlement to a supported living payment by reason only of working 15 or more hours a week in open employment during the agreed period.

Compare: 1964 No 136 s 40K

40Supported living payment: on ground of caring for another person: requirements

(1)A person (C) is entitled to the supported living payment if—

(a)MSD is satisfied that C is required to give full-time care and attention at home to a person (P) who would otherwise have to receive institutional care (and who is not C’s spouse or partner); and

(b)C meets the residential requirement; and

(c)C is aged—

(i)at least 18 years, in the case of an applicant without a dependent child; or

(i)at least 20 years, in any other case.

(2)MSD may continue a payment granted under this section for a period of not more than 28 days even though P was not during that period in the full-time care of C.

(3)In this subpart, institutional care means care that is, or is equivalent to,—

(a)hospital care, rest home care, or residential disability care, as defined in section 4(1) of the Health and Disability Services (Safety) Act 2001; or

(b)care of the kind referred to in section 141 of the Oranga Tamariki Act 1989 (which relates to care of severely disabled children and young persons).

Compare: 1964 No 136 s 40D

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