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Top Income Support & Jobseeker's Allowance topic #7759

Subject: "A8 worked more than a year" First topic | Last topic
pclc
                              

legal advice worker, plumstead law centre
Member since
16th Feb 2006

A8 worked more than a year
Tue 09-Mar-10 09:42 AM

Can someone please confirm whether my understanding is correct - if an A8 national gets a worker registration certificate but works less than a year for that employer, then moves to another employer but does not re-register( but completes more than a years work in total) - they are not entitled to JSA?

I seem to remember a Court of Appeal case which went 2-1 against the claimant in the above situation.Is this correct?

Many thanks!

  

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Replies to this topic
RE: A8 worked more than a year, Tony Bowman, 10th Mar 2010, #1
RE: A8 worked more than a year, pclc, 10th Mar 2010, #2

Tony Bowman
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

RE: A8 worked more than a year
Wed 10-Mar-10 10:18 AM

My understanding is that worker registration is relevant to each employment. So, if the claimant changes jobs before completing 12 months registered work he must register again at the new employment. If he does so within a month of the end of the previous jobs, then the two periods of registration are linked to form a continuous period.

Therefore, I believe your interpretation is correct.

  

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pclc
                              

legal advice worker, plumstead law centre
Member since
16th Feb 2006

RE: A8 worked more than a year
Wed 10-Mar-10 11:33 AM

Thanks for that. I spoke to CPAG about this as well - the case that I had forgotten is Zalewska. Interestingly, CPAG say that there may be an argument that agency workers do not have to re-register if they are placed in different jobs, as their work is with the agency. Also if they are still on the books of an agency but not getting any work on a zero hours contract they may be OK, though I suspect the DWP would let this go to an appeal.

Unfortunately none of these applies in my case.

  

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Top Income Support & Jobseeker's Allowance topic #7759First topic | Last topic