Section 16B — Social Security Act 1991: Partial capacity to work

(1) A person has a partial capacity to work if: (a) the person has a physical, intellectual or psychiatric impairment; and (b) the Secretary is satisfied that: (i) the impairment of itself prevents the person from doing 30 hours per week of work independently of a program of support within the next 2 years; and (ii) no training activity is likely (because of the impairment) to enable the person to do 30 hours per week of work independently of a program of support within the next 2 years. (2) A person is treated as doing work independently of a program of support if the Secretary is satisfied that to do the work the person: (a) is unlikely to need a program of support that: (i) is designed to assist the person to prepare for, find or maintain work; and (ii) is funded (wholly or partly) by the Commonwealth or is of a type that the Secretary considers is similar to a program of support that is funded (wholly or partly) by the Commonwealth; or (b) is likely to need such a program of support provided occasionally; or (c) is likely to need such a program of support that is not ongoing. (3) In deciding whether he or she is satisfied as mentioned in paragraph (1)(b), subsection (2) or point 1068-B1AA, the Secretary must comply with the guidelines (if any) determined and in force under subsection (4). Note: Point 1068-B1AA deals with a person who has a partial capacity to work that prevents the person from doing 15 hours per week of work independently of a program of support within the next 2 years. (4) The Minister may, by legislative instrument, determine guidelines to be complied with by the Secretary in deciding whether he or she is satisfied as mentioned in paragraph (1)(b) or point 1068-B1AA. (5) In this section: 30 hours per week of work means work: (a) that is for at least 30 hours per week on wages that are at or above the relevant minimum wage; and (b) that exists in Australia, even if not within the person’s locally accessible labour market. training activity means one or more of the following activities, whether or not the activity is designed specifically for people with physical, intellectual or psychiatric impairments: (a) education; (b) pre-vocational training; (c) vocational training; (d) vocational rehabilitation; (e) work-related training (including on-the-job training).