[sinblaster]

Cool thanks mate that fixed that issue, menu is now always available ..
So with settings:
sm_emergencypack_required: The maximum amount of Health playrs can have in order to access this menu. (0 = Always)
Set to "0"
The issue with sm_emergencypack_auto set to "1" (enable toggle)
Message = Pack: The emergency pack menu will automatically appear should you fall below 0 health.

Then of course it states that you can't buy emergency items whilst dead lol.

A cvar for fall below certain health to activate toggle?