Social Security Act 2018 (Version 56)/Section 35

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—

(a)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

(b)P is not expected to live for that period because P’s condition is terminal.

(3)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.

Compare: 1964 No 136 s 40B(1), (2), (3)