The Income Support (Pilot Scheme) Regulations 1996

Circumstances in which a relevant person is not required to participate or to continue to participate in Project Work

6.—(1) This regulation shall have effect for the purposes of regulations 4(1) and 5(1).

(2) Without prejudice to any other circumstances in which a person may not be required to participate or to continue to participate in Project Work, a relevant person shall not be required to participate, or to continue to participate, in Project Work if, and to the extent that, his failure to participate or to continue to participate, is attributable to any of the following circumstances—

(a) the relevant person in question was suffering from some disease or bodily or mental disablement on account of which—

(i) he was not able to participate or to continue to participate in Project Work;

(ii) if he had participated or continued to participate in Project Work he would have put at risk his health; or

(iii) if he had participated or continued to participate in Project Work, he would have put at risk the health of other persons;

(b) the relevant person had given up a place on Project Work and, had he continued to participate in Project Work, he would have, or would have been likely to have, put his health or safety seriously at risk;

(c) the relevant person’s failure to participate or to continue to participate resulted from a religious or conscientious objection sincerely held;

(d) the time it took, or would normally have taken, for the relevant person to travel from his home to the place where Project Work was taking place and back to his home by a route and means appropriate to his circumstances and to the programme exceeded, or would normally have exceeded, one hour in either direction or, where no appropriate place on Project Work is available within one hour of his home, such greater time as is necessary in the particular circumstances of the nearest appropriate place on Project Work;

(e) the relevant person had caring responsibilities and—

(i) no close relative of the person he cared for and no other member of that person’s household was available to care for him; and

(ii) in the circumstances of the case, it was not practical for the relevant person to make other arrangements for the care of that person;

(f) the relevant person was attending court as a party to any proceedings, or as a witness or as a juror;

(g) the relevant person was arranging or attending the funeral of a close relative or close friend;

(h) the relevant person was engaged in—

(i) the manning or launching of a lifeboat; or

(ii) the performance of duty as a part-time member of a fire brigade;

(i) the relevant person was required to deal with some domestic emergency; or

(j) the relevant person was engaged during an emergency in duties for the benefit of others.

(3) For the purposes of paragraph (2) (e)—

“caring responsibilities” means responsibility for caring for a child or for an elderly person or for a person whose physical or mental condition requires him to be cared for, who is either in the same household or a close relative;

“close relative” means a spouse or other member of an unmarried couple, parent, step-parent, grandparent, parent-in-law, son, step-son, son-in-law, daughter, step-daughter, daughter-in-law, brother, sister, grandchild or the spouse of any of the preceding persons or, if that person is one of an unmarried couple, the other member of that couple.

(4) For the purposes of paragraph (2) (j)—

(a) a person is engaged in duties for the benefit of others while—

(i) providing assistance to any person whose life may be endangered or who may be exposed to the risk of serious bodily injury or whose health may be seriously impaired;

(ii) protecting property of substantial value from imminent risk of serious damage or destruction; or

(iii) assisting in measures being taken to prevent a serious threat to the health of the people;

(iv) acting as a member of a group of persons organised wholly or partly for the purpose of providing such assistance or, as the case may be, protection;

(b) events which may give rise to an emergency include—

(i) a fire, flood or an explosion;

(ii) a natural catastrophe;

(iii) an accident at sea;

(iv) a railway or other transport accident;

(v) a cave or mountain accident;

(vi) a person being reported missing and the organisation of a search for that purpose.

(5) For the purposes of paragraph (2), a relevant person shall not be required to participate, or to continue to participate, in Project Work only for so long as the circumstances specified in that paragraph continue to apply.