This is on an ability on the actor, and I am sure that my abilities run in menu mode for at least a few seconds as I have seen my test messages pop up while I was in menu mode from other magic ability scripts.
Edit for clarity: Condition TAB for a spell not a script nor a console command. I want the magic abilities conditions to trigger when the player is in menu mode and sometimes on other (different) spells the opposite, that the spell not to be active while in Mennen mode.