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Forum Home  →  Discussion  →  Other areas of social welfare law  →  Thread

earning threshold for establishing EEA RtR as a worker - 2015/2016 rate?

EmmLC
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Training Team, Homeless Action Scotland, Edinburgh

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Joined: 18 November 2015

Sorry if this is a stupid question, I can’t find anywhere whether or not the earning threshold for establishing worker status for EEA claimants was changed in April 2015.
It was £153/week in 14/15, does anyone know if it’s higher now? and do they mean gross pay?
Thanks a lot

 

hkrishna
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Welfare rights worker - CPAG in Scotland, Glasgow

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It is based on the primary earnings threshold which goes up usually every year - hence £155 pw in 2015/16. However, the MET is only guidance not law, and if anything tribunals and courts have consistently refused to set a minimum earnings level for determining whether someone is an EEA worker or not. See latest edition of our Benefits for Migrants handbook, p137-138 on earnings specifically but rest of that section of chapter 12 too.

EmmLC
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Training Team, Homeless Action Scotland, Edinburgh

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aha - thanks for that

I’ve got the previous edition of the book and unfortunately only got it recently so I’ll have to wait a little until I’m allowed the new one…

hkrishna
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Welfare rights worker - CPAG in Scotland, Glasgow

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p133 of last edition

Stainsby
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Welfare rights adviser - Plumstead Community Law Centre

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I had a case in late 2014 which rested on a person’s right to resided as a family member of a qualified EEA national and whether the EEA national was a worker or had retained worker status.

I have attached an extract from the submission I did at the time.  You could adapt it for your case

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