Plain language law

New Zealand law explained for everyone

Social Security Act 2018

Assistance - Supported living payment - Supported living payment on ground of restricted work capacity or total blindness

35: When person has restricted work capacity

You could also call this:

“When you can't work much because of a long-lasting health problem or disability”

You have restricted work capacity if you can’t work much because of a health problem, injury, or disability. This could be from an accident or something you were born with. It needs to be a permanent and severe restriction on how much you can work.

Your restriction is considered permanent if the Ministry of Social Development (MSD) thinks it will last for a certain amount of time. This time period is set out in special rules. Or, if you have a terminal illness and are not expected to live that long, it’s also considered permanent.

Your restriction is considered severe if MSD believes you can’t regularly work for at least 15 hours a week in a normal job.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783176.

Topics:
Health and wellbeing > Healthcare services
Work and jobs > Worker rights
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34: Supported living payment: on ground of restricted work capacity or total blindness: requirements, or

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Part 2 Assistance
Supported living payment: Supported living payment on ground of restricted work capacity or total blindness

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—

  3. 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
    1. P is not expected to live for that period because P’s condition is terminal.

      1. 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.

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