Page:Social Security Act 2018 (Version 56).pdf/44

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Part 2 s 41
Social Security Act 2018
2018 No 32

41Supported living payment: on ground of caring for another person: application must include certificate

(1)A person (C) who applies for a supported living payment on the ground of caring for another person (P) must include in the application a certificate that complies with this section.

(2)The certificate must be given by a prescribed health practitioner and must certify—

(a)that P requires C’s full-time care and attention; and

(b)that, were it not for that care and attention, P would have to receive institutional care.

Compare: 1964 No 136 s 40E(1)

42Supported living payment: on ground of caring for another person: medical examination

(1)When considering an application for, or reviewing under subpart 3 of Part 6, a supported living payment on the ground of caring for another person, MSD may require that the person being cared for be examined by a prescribed health practitioner nominated for the purpose by MSD.

(2)A prescribed health practitioner nominated under subsection (1) must assess whether the person would, were it not for the applicant’s full-time care and attention, have to receive institutional care.

Compare: 1964 No 136 s 40E(2)–(3)

43Orphan’s benefit: requirements

(1)This section applies if, because of the circumstances specified in subsection (2), a child has no parent (as defined in subsection (3)) who is able to care for the child.

(2)The circumstances are that each of the child’s parents (as defined in subsection (3))—

(a)is dead; or

(b)is missing; or

(c)has a long-term serious disablement.

(3)A parent, in relation to a child, and for the purposes only of this subpart and section 31(b)(i), means a natural parent or an adoptive parent (and so excludes, for those purposes, a step-parent) of the child.

(4)A person (P) is entitled to an orphan’s benefit for the child if—

(a)P is an eligible caregiver of the child; and

(b)either—

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