A person with a physical, intellectual or psychiatric impairment has a partial capacity to work if the impairment prevents them from working at least 30 hours per week at the relevant minimum wage or above, independently of a programme of support, within the next 2 years. In determining whether a person has a partial capacity to work, all impairments that impact on a person's capacity to work within the next 2 years will be taken into account, regardless of whether the condition(s) giving rise to the impairment(s) are fully treated and stabilised and the Secretary must be satisfied that no training activity is likely, because of the impairment, to enable the person to work at least 30 hours per week at the relevant minimum wage or above, independently of a programme of support, within the next 2 years.
Act reference: SSAct section 16B Partial capacity to work, section 540AB Qualification for Youth Allowance - claimants with medical conditions affecting their capacity to work, section 593(1D) Qualification for Newstart Allowance, section 23(1) General definitions
Policy reference: SS Guide 1.1.R.133 Relevant minimum wage (DSP, MOB, Partial capacity to work & CA), 1.1.I.95 Independently of a programme of support, 1.1.T.137 Training activity, 18.104.22.168 Newstart Allowance - Description, 22.214.171.124 Youth Allowance (YA) - Description, 3.2.1 NSA - Qualification & Payability, 3.2.3 YA - Qualification & Payability, 3.2.8 Activity Testing & Mutual Obligation for NSA/YA Job Seekers, 3.2.9 Activity Testing for NSA/YA Job Seekers - Suitable Activities, 1.1.M.100 Medical evidence (DSP, SA, CP, Partial capacity to work)
Last reviewed: 1 July 2011