I have an Appeal for Maternity Allowance - JC+ claiming client does not meet employment condition because not 'gainfully employed' as self-employed earner in the 'Test Period' . They quote cases CP 7/49 and
R(P) 1/65 . I cannot find these anywhere nor are they mentioned in any of the ref books . Does anyone have a copy they could e-Mail to me or advise how I can obtain copies ?
Thanks Sue L

why not ask the DWP? - their submission writer should have copies

It did cross my mind but I'm unsure of protocols . I will try it . Thanks .
Sue L

I agree, if the DWP are relying on them, the CDs should be produced.

However, "gainfully employed" and "remunerative work" have been considered in all sorts of contexts. The following may or may not assist:

R(JSA) 8/03
CIS/0166/1994 (starred 6/96)
CJSA/4053/2007

Thank you Kevin - I've researched most of these and elements of them will be useful however , as you probably know most of them concerned claims for IS + JSA - although 'gainful employment' is mentioned the main issues under contention were about 'remunerative work' , 'actively seeing work' , 'income disregards' , 'periods of allocation for assessable income' - all issues directly relating to IS + JSA entitlement ;

I'm at the stage now where I need to see client to find out the exact nature of business cycle to prepare case for 'gainfully employed ' . I just got concerned that the two cases quoted by DWP are old and I wanted to check there were no surprises in them .
Sue L