Wakefield Council run a project to help people with a mental health problems back into work. It usually involves individuals doing a supported work placement for between 5-20 hours aweek in a vocational area of their choice alongside other activities such as training or education. They have recently been told by a DEA that these people could not carry out a work placement or any work based learning activity unless the work was voluntary for a registered charity or paid less than £20 per week or part of a Jobcentre Plus scheme, for example Work Preparation programme.

I think they've overstepped the mark in respect of voluntary work having to be for a registered charity, the law just talks about voluntary work, but I can't find anything about work placements. The concern is that these people could be found fit for work, when they aren't.

Has anyone had any experience of this please?

The DEA is talking nonsense;

The relevant regulation (Reg 17(1)(b) Incapacity for Work (General) Regs 1995) refers only to "voluntary" work as an exempt category. That is, it's the nature of the work that is relevant, not the nature of the organisation you are working for.....

Other exempt categories;

1) - as part of a treatment programme whilst in hospital or attending hospital regularly as an outpatient. Can earn up to £78 p/w

2) - as long as you earn less than £20 p/w (beware of the DWP kicking off if you work more than five hours a week - ie 'cos of the minimum wage.

Both of the above can be done for an unlimited period.

3) - Permitted Work Higher Limit - work up to 16 hours a week and earn up to £78 p/w. Lasts for 26 weeks. Can be extended for a further 26 weeks but the DWP will want evidence of the work improving the claimant's chances of finding permanent work. This could be from the DEA or a personal advisor - or even the claimant.

4) - Supported Permitted Work - same rules about hours and earnings per week, but no time limit. Work must be supported - which means supervised by a public body, local authority department or a charity whose role is specificlly helping disabled people to find work.

Sounds to me like the claimants you mention might fall into the latter category, though you don't mention if they are paid. Watch out for the 16 hours rule with permitted work - though I'm certain this doesn't apply to actual voluntary work.