§ Mr. LlwydTo ask the Secretary of State for Social Security what representations he has received on the employed classification as that of people suffering from a severe disability who undertake limited work on medical advice, with the permission of the Benefits Agency. [96263]
§ Mr. BayleyNo such representations have been received.
Social Security regulations limit the circumstances in which people can work while maintaining entitlement to incapacity benefits but otherwise the status of that work is not a relevant consideration for benefit purposes.
§ Mr. LlwydTo ask the Secretary of State for Social Security if he will make a statement on the application of the minimum wage in respect of work used as therapy for people with severe disability. [96248]
§ Mr. BayleyEntitlement to incapacity benefits is based on the fundamental principle that they are for people who are incapable of work because of sickness or disability. It is recognised that in some cases a limited amount of work can benefit a person's medical condition and may increase their prospects of a return to the labour market. A longstanding provision, known as the therapeutic work rule, allows benefit recipients to do some paid work on the advice of a doctor without it affecting their underlying entitlement. The work is subject to a weekly earnings limit. An hours limit of 16 hours a week also applies unless the work is done under medical supervision, as part of a hospital treatment programme, or in a sheltered workshop.
The application of the national minimum wage to this work is not a relevant consideration for benefit purposes. However, last April the earnings limit was increased from £48 to £58 to ensure that the hours limit was consistent with 16 hours work paid at the national minimum wage rate of £3.60 an hour (16 x £3.60 = £57.60).