R2R decisions - gaps

Hi there,

Researching caselaw for R2R case that I have.

Client has a 10 week gap between ending work and claiming JSA.

I have asked him what he was doing during this period and if he was still looking for work and await his reply. From initial notes he was not unwell.

I have seen various cases where it is highlighted that gaps are not fatal however the cases were then referred back to a new FTT. Does anyone know the outcomes of the re-hearings and if the gap was ultimately accepted?; 2013 UKUT 0163 AAC - 3 month gap, 2009 UKUT 11 AAC - 11 weeks gap.

Also case CIS/519/2007 with a 2 month gap, is this still good caselaw?

Thanks

Any input from anyone?

I don’t suppose anyone will know how these cases turned out unless they were personally involved.

The position is, I think, best set out in SSWP v MK [2013] UKUT 163 which you cite but particularly at paragraphs 69-72. If you have “unduly delayed” claiming then you lose your status. If you have delayed but for a good reason, you don’t. That is really just a question of fact and reasonableness which comes down to the individual Tribunal - similar to “good cause” issues.

The longer the wait to claim, the better reason you need. Powerful reasons would be needed to explain a 10 week gap - e.g. being wrongly advised that he was not allowed to claim.

I think caselaw is going to be less determinative than the specific facts in a case like this.

As you are aware, the key issue is whether the claimant left the labour market during the gap - there are a number of UT decisions that confirm that a 10 week gap betweeen work ending and signing on is not, in and of itself conclusive evidence that a person left the labour market. You’ve already referred to some of those decisions - there’s a few more referred to and discussed in this thread - http://www.rightsnet.org.uk/forums/viewthread/10000/

In short, it all comes down to the facts….

I have a similar case ongoing at present (8 week gap). In my case, the client concerned had worked via an agency consistently for some years and was hoping/expecting either that the agency would be in a position to offer her further work within a reasonable time or that she would find work via an alternative agency. She claimed JSA when her savings were exhausted. Quite a common scenario in my experience. DWP has, of course, argued she has lost her RTR and we’re awaiting date for appeal. Will let you know what happens.

Appeal succeeded. Judge decided the 8 week gap was reasonable under the circs.

Whether DWP will request the SOR remains to be seen.

Good news for your client.

Unfortunately my client was with a single employer, not an agency. Initially claimed JSA when work ended but claim ineffective as failed to sign at first appointment. No reason given why he failed to pursue his claim except that he helped look after a family member who had been unwell. He was doing no jobsearch activity during this time and then 10 weeks later claims JSA again. Don’t think those grounds would persuade any judge that he should retain “worker” status through the gap!

Don’t suppose the family member was paying him anything for being a carer?