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gw
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Glasgow West Housing Association

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I am doing a sign up for a new tenant and was wondering if my new tenant maybe entitled to Pension Credit
She arrived in UK June 14 and has been working since November but earnings are only £86.00 net per week.

We have applied for HB/CTR after being advised she will qualify for this.

Ros
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I suppose question is whether work would be considered ‘genuine and effective’ for right to reside worker status - as set out in 2015/2016 CPAG handbook, at p.1568, factors that should be considered are duration of employment, number of hours worked (someone working10 hours a week was held to be worker), level of earnings (reliance on benefits not a factor) and regularity of work.

CPAG also confirms that, although guidance to decision makers says that anyone earning over £155 will automatically be a worker, other cases should be assessed using factors above.

Can’t see any reason for not putting in an application and then arguing she is a worker if refused - does anyone else have a view?

gw
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Glasgow West Housing Association

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This lady has lost her job, what arere her options? will she loose her Pension credit if she fails to get another job?m

Ruth Knox
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In my experience £86 is well able to be “genuine and sufficient” especially if she has been working since November 2014.  She should be considered to be a worker with access to all benefits.  If she has lost her job involuntarily she is a worker with retained workers status and keeps that access so long as she can demonstrate contact with the labour market.  The only thing is, if she can manage to continue to find work up until June 2017 then she will have met the criteria for permanent right to reside which requires three years residence and to have worked in the UK “for the preceding year” - I haven’t had experience of how “for the preceding year” is interpreted - do you have to have worked consistently for 12 months with no breaks? 

Ruth