Social Welfare Consolidation Act 2005 section 46A

Entitlement to benefit

Section 46A establishes who qualifies for partial capacity benefit, a payment designed for people with significant health-related work restrictions who wish to take up some employment.

• Claimants must have a profound restriction on their work capacity and have received either illness benefit for at least 26 weeks or invalidity pension immediately before claiming.
• The Minister prescribes what constitutes a "profound" versus "mild" restriction—those with only mild restrictions do not qualify for partial capacity benefit.
• Reduced benefit rates apply where claimants fall short of the profound restriction threshold, though increases for dependants and island residents remain protected.
• Each day of partial capacity benefit counts as a day of incapacity for work and as a day of illness benefit for statutory purposes.