nevip
welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since 22nd Jan 2004
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RE: Old therapeutic work rule before permitted work rules in force
Wed 24-Feb-10 03:17 PM |
Wed 24-Feb-10 03:55 PM by shawn
Hi Neil
The original form of reg 17 was in the following terms:
Exempt work 17.—(1) The categories of exempt work referred to in regulation 16(1)(a) are— (a) work undertaken on the advice of a doctor which— (i) helps to improve, or to prevent or delay deterioration in, the disease or bodily or mental disablement which causes that person's incapacity for work; or (ii) is part of a treatment programme and is done under medical supervision while that person is an in-patient or regularly attending as an out-patient of a hospital or similar institution; or (iii) is done while that person is attending an institution which provides sheltered work for people with disabilities; (b) work done as a volunteer; (c) duties undertaken as a member of a disability appeal tribunal or the Disability Living Allowance Advisory Board.
(2) The weekly limits in relation to exempt work are— (a) that earnings from work referred to in paragraph (1)(a) do not exceed £43; (b) that, subject to paragraph (3), the combined total of the number of hours spent doing work referred to in paragraph (1)(a)(i) or (b) is less than 16; (c) that work referred to in paragraph (1)(c) is not undertaken on more than one day.
(3) A person shall not be treated as capable of work because he has exceeded the limit referred to in paragraph (2)(b) in any week, if he has worked or would be expected to work, as the case may be, an average of less than 16 hours a week— (a) in a case where a recognisable cycle in respect of that person's work has been established, in the period of that cycle in which the week in question falls; or (b) in any other case, in the period which comprises that week and the 4 weeks preceding it.
The 2002 amendment version (relevant bits):
Amendment of regulation 17 of the principal Regulations 3. Subject to regulation 6(1) below, in regulation 17 of the principal Regulations (exempt work) - (a) in paragraph (1) for sub-paragraph (a) there shall be substituted the following sub-paragraph: - " (a) work in respect of which the required notice is given, and - (i) in respect of which the earnings in any week do not exceed £20.00, or
(ii) which is part of a treatment programme and is done under medical supervision while the person doing it is an in-patient, or is regularly attending as an out-patient, of a hospital or similar institution, or
(iii) which is supervised by a person employed by a public or local authority or voluntary organisation engaged in the provision or procurement of work for persons who have disabilities, or
(iv) to which paragraph (1A) below applies;";
"the required notice" means, in relation to work referred to in any of heads (i) to (iv) of paragraph (1)(a), notice to the effect that the person is undertaking, or is about to undertake the work, given in writing to the Secretary of State by that person or another person acting on his behalf - (a) in the case of work referred to in paragraph (1)(a)(i) to (iii), at any time before the person ceases to undertake the work;
(b) in the case of work referred to in paragraph (1)(a)(iv), no later than the end of the period of 42 days which begins with the day on which the work begins;
So no notice requirement in the original regs but the requirement was there by 2002. I have not been able to find any other regs which amended reg 17 before 1995 but tomorrow I will be in our other office where I keep the old law books and I think I have the 1999 books.
Regards Paul
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