Mandatory Work Activity Scheme - any UtT cases yet?

Is anyone aware of any UtT decisions (or cases at UtT awaiting decision) on the MWAS under JSA Act s17A - ‘Schemes for assisting persons to obtain employment: “work for your benefits” schemes etc.’ and SS(MWAR)Regs?

In particular the difference between ‘work’ and ‘work related activity’ in s17A(2)&(3) and the meaning of ‘with a view to improving their prospects’ etc. within the sub paras?

We are aware of a case where leave to appeal has just been granted.

The case concerns a claimant with some degree of mental health issues who was receiving JSA while undertaking voluntary work in a shop run by a well known national charity. He was then mandated to attend a MWRA scheme run by Atos and was placed at another well known charity shop doing basically the same but reduced scope of activities. He was then sanctioned for not aprticipating in the scheme in circumstances that are contentious on the facts.

The essence of the claimants argument is that simply moving him from one voluntary placement to another to do the same type of activity because the DWP contractor only has a relationship with the second charity did not meet the objectives of the scheme as set out in s17A nor did the SSWP or tribunal provide any argument about how the manadated activity met the objectives.

Or more crudely can the SSWP mandate someone to a particular placement for no other reason than that the MWAS contractor has a relationship with a particular placement provider - regardless of any potential benefit to the claimant (rather than the contractors pocket and the SSWPs targets) of a placement with that provider.

This does not involve the same scheme as in Reilly & Wilson but could well raise similar issues.

In the document below it speaks about “Suitable Provision” now when I questioned our local JCP Manager what Suitable Provision meant - she replied “anyone with a govt contract”

I think DWP Jobcentre Labour Market System (LMS) guide:Chapter H5 R34.00a.pdf

Chapter H5 R34.00a.pdf can be found here:

https://www.whatdotheyknow.com/request/jcp_action_plans_and_lms_user_gu

It should assist.

In this system you will find a list of exemptions and deferments from the Work Programme.

To be specific I am asking for a definition to the following exemption:

Exempt - Customer on other suitable provision.

What does the DWP mean by ‘Suitable Provision?’