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Forum Home  →  Discussion  →  Income support, JSA and tax credits  →  Thread

Success versus GPOW nonsense (using CPAG’s helpful guide)

SARC
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Southampton Advice & Representation Service

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Total Posts: 25

Joined: 18 June 2010

Hey guys, I thought it would be useful to share some success at a First-tier Tribunal recently by mostly ripping off the very helpful guide to challenging the GPOW test which we can all find on lovely CPAG’s website.

http://www.cpag.org.uk/genuine-prospects-of-work

The essential argument is that the GPOW either adds nothing to the existing law as set out in Antonissen (C-292/84), or if it was supposed to add anything the change is really ineffective because Antonissen is still good law.

I had a win back in August, following which the DWP asked for reasons. The reasons came back in recently, and the FT Judge we met agreed that the GPOW “changes” really add nothing to the existing law. Key quote:

“[in light of Antonissen] it is difficult to attach any meaning to “compelling” beyond perhaps “not insignificant” or “not rebutted”. What the word does *not* do is indicate that the chance of being engage (sic) need be a strong chance. It need merely be “genuine”.” [para 16]

I’m currently waiting to see if the DWP want to take this to UT or not, and of course my client hasn’t had any money whilst they’re looking at appealing or not, but at least I thought I should share that the “Kapow to the GPOW” document on CPAG’s website is really very helpful indeed.

Paul_Treloar_CPAG
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Advice and Rights Team, Child Poverty Action Group

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Total Posts: 550

Joined: 30 June 2014

Nice one SARC, good work.