Are people on the therapeutic earnings concession entitled to the minimum wage? Yes, says the legislation, they might be; or they might not; it depends. So how can an employment project which is subject to the Act offer realistic work opportunities? The £15 disregard limits paid work to a maximum of 4 hours and 10 minutes a week!The National Minimum Wage Team at the Department of Trade and Industry offer advice as to when and where the Act is likely to apply. They warn that where uncertainty exists tribunals and courts may decide.Self‐employed people are however exempt. If your project is risking falling foul of the Act, or is languishing in the past with a ‘patients’ attendance allowance, now may be the time to strike out and look for a new model. Three work projects have kindly provided some interesting examples for you to consider.
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