Mandatary work programme - compulsory job applications - deferral

One of my clients has been put on mandatory work programme, and because of his mental health, he is more or less breaking down now and has already been sent home by the WP provider.

He is convinced the provider is asking him to apply for actual jobs. The paperwork he signed is a bit vague (deliberately?), but it seems he is giving the option to opt out from the provider sending his CV to employers, and to me it looks as if job applications are not compulsory.  (The action plan he has been given lists a number of activities. E.g. there is an activity Job Search Theory, and in the notes column for this activity it says ‘member will apply for 1 or 2 jobs per week in customer service related work’.  There is another column headed ’ Mandatory’ which says ‘no’ next to all activities. )

Before taking this issue any further, I just wanted to check that work related activity in the context of a work programme still ‘may not’ require the claimant to look for or apply for work, or whether there have been any changes to that?

And secondly, I am looking at asking for deferral and/or challenge the ATOS return to work date?  See also this threat http://www.rightsnet.org.uk/forums/viewthread/3186/. 

I am trying to get some evidence about the client’s mental health. Can I use that to ask for the client’s participation in WP be deferred until his MH improves? 

Client has already appealed against recent assesment placing him WRAG, so could the return to work date be challenged as part of that?  Or is there a more practical option that does not involve waiting for a tribunal for 12 months or more?

As far as I’m aware the regulations on this point (reg 3 (4)) have not been amended.

http://www.dwp.gov.uk/docs/a13-5651.pdf

Reg 3(1) and(4)(a) gives the SoS a power to require that the claimant takes part in work related activity if it is reasonable to do so.  If evidence can be adduced to support the proposition that the SoS should not so require at any given time then he has the power to not so require.  The ‘return to work’ is, for all practical purposes, a trigger date for re-assessment.  If when the time comes relevant evidence can be obtained then it is perfectly possible for the SoS to pass the claimant through the WCA on scrutiny with the option of putting him either in the WRAG or the Support Group.

I am finding that many of my clients with a Mental Health illness are finding it very difficulty to take part in the WRA.  I thought that it was compulsory that a person had to attend a WFI (unless they had good reason not to), but the WRA was voluntary, however it appears not!

“If a claimant fails to do work-related activity, s/he must show good cause within five working days of the date s/he was notified of the failure. If the DWP notifies the claimant by post of her/his failure to do work-related activity, s/he will be treated as having been notified on the second working day after the DWP posted the notification. The decision maker will consider whether or not the claimant has shown good cause. A decision maker has the discretion to decide whether or not a claimant has good cause, but should use this discretion reasonably and take the claimant’s circumstances into account”