CPAG looking for GPoW cases

Genuine Prospect of Work: CPAG is looking for cases

CPAG has been granted funding by the Strategic Legal Fund to support challenges to the “Genuine Prospect of Work” (GPOW) test for EEA jobseekers claiming income based jobseeker’s allowance.  This is the additional test introduced in 2014 which restricts the right to reside of EEA jobseekers after 91 days, and limits retention of worker status whilst involuntarily unemployed to six months for those who have worked for at least a year, unless they can show “compelling evidence” that they are seeking employment and have a genuine chance of being engaged. 

We are interested to hear from you regarding any cases concerning the lawfulness of the GPOW test and which features at least one of the following:

1. are currently before the Upper Tribunal or awaiting permission to appeal to the Upper Tribunal;
2. have been refused by the First-tier Tribunal on the basis that the claimant did not have “compelling evidence”;
3. have been allowed by the First-tier Tribunal on the basis that the GPOW test is unlawful; or
4. have been allowed by the First-tier Tribunal on the basis that the claimant does have “compelling evidence”, but the DWP have only awarded benefit for a time-limited period of 2 months from the date of the original decision.

If you have a case which fits into one of the above categories, please email .(JavaScript must be enabled to view this email address) with: (i) a brief description of the case in 300 words or less (ii) a copy of the First-tier Tribunal’s decision notice and (iii) a copy of the First-tier Tribunal’s statement of reasons (if available).

Depending on your clients’ circumstances, we may be able to provide representation or support with legal submissions to the Upper Tribunal.

For information on the Genuine Prospects of Work test and the arguments why it is unlawful see CPAG’s briefing “Kapow to the GPOW”.

Just a reminder that we’re still looking for cases.