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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Genuine & effective work

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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Total Posts: 1711

Joined: 16 June 2010

Evening all,

Client (EEA) working PT 10 hours pw and not therefore earning sufficient for SSP. Currently recovering from surgery. ESA refused on basis work not genuine & effective (as client earns less than £153 pw).

I’m submitting MR and quoting Genc but would very much welcome opinions as to whether I’m flogging a dead horse or not. Client has no other route to having RTR other than being worker in period of temporary incapacity.

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Subject to further facts, I’d go for it.  A good round up of the case law attached

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1964
forum member

Deputy Manager, Reading Community Welfare Rights Unit

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Total Posts: 1711

Joined: 16 June 2010

Excellent!

Thanks Nevip. Appreciated.