The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

1.1.P.65 Partial capacity to work (JSP, YA (job seeker), PP & SpB (NVH))

Definition

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 program 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 program of support, within the next 2 years.

Act reference: SSAct section 16B Partial capacity to work, section 540AB Qualification for YA - claimants with medical conditions affecting their capacity to work

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 program of support, 1.1.T.137 Training activity (DSP), 1.1.M.100 Medical evidence (DSP, JSP, partial capacity to work), 1.1.M.160 Mutual obligation requirements, 3.11.1 Looking for & accepting suitable work, 3.11.1.10 Setting job search requirements

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