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Advising a term-time worker, whose earnings in term-time exclude him from claiming CA.
He is employed on a term by term basis, and has no payments in the school holidays. Previously he claimed JSA in the school holidays but this was time consuming. As he has a child on DLA middle rate care, advised him to claim CA in school holidays. He was turned down based on average weekly earnings based on monthly payslips.
As I now understand it, 'gainful employment' only applies if on every day in the immediately preceding week his earnings exceed the weekly cash limit (CG/4941/03). Therefore, during a 2 week holiday, with no earnings, he will qualify in the 2nd week, as he will not be gainfully employment. Is this right?
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