Regulation 10A Certain persons participating in approved work to be treated as incapable of workF1

A person to whom this regulation applies shall be treated as incapable of work on any day in a period of incapacity for work on which he does any approved work in respect of which no payment in the nature of earnings is expected or made.

Subject to paragraph (3), this regulation applies to a person who is–

Where a person to whom this regulation applies is determined to be capable of work, paragraph (1) shall cease to apply in his case.

In this regulation–

• “approved work” means, in relation to a person, work arranged in writing by the F2“with an employer in respect of him by an officer of, or a person providing services to, the Secretary of State who has been authorised by the Secretary of State for the purpose;

• “a prescribed benefit” means any benefit, allowance or advantage under the Contributions and Benefits Act (other than statutory sick pay, statutory maternity pay or industrial injuries benefit) or the Jobseekers Act 1995, and for which entitlement is dependent on incapacity for work;

• “trial basis” means such trial period and other related matters as may be agreed F3between—

  1. (a)

     the person;

  2. (b)

     an officer of, or a person providing services to, the Secretary of State who has been authorised by the Secretary of State for the purpose; and

  3. (c)

     an employer,

  in relation to the approved work.