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Social Security Act 2018 (Version 56)/Section 38

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3315656Social Security Act 2018, Version 56 — Section 38

38Supported living payment: on ground of restricted work capacity or total blindness: payment not apportioned in specified cases

(1)This section applies to a person (P) who is in a relationship and who—

(a)is receiving long-term residential care in a hospital or rest home because P has a disability; and

(b)has not been means assessed under Part 6 of the Residential Care and Disability Support Services Act 2018.

(2)A supported living payment payable to P is not apportioned and must be paid at half of the appropriate rate in Part 3 of Schedule 4.

(3)A supported living payment payable to P’s spouse or partner (S) (if S is not receiving long-term residential care in a hospital or rest home) is not apportioned and must be paid at the rate in Part 3 of Schedule 4 that would be appropriate if S were entitled to a supported living payment in S’s own right and were single.

Compare: 1964 No 136 s 40I(3)–(5)