Estimating weekly earnings

Apologies if I am being a little thick here, but is anyone aware of any case law on estimating weekly earnings where a person starts work mid claim and the (in this case) 4 weekly wages vary from month to month.

The client started work on 27/9/11 and was first paid on 30/10/11. she was previously on JSA but didn’t qualify for a 4 week run on.

The cessation of a passporting benefit is a relevant change, but is there any mileage in arguing that the estimated earnings are “nil” until 30th October, at which point a further relevant change occurred?

The averaging process used thereafter seems to be loosely based on reg 29(1) even though it wasnt a “claim” for HB. That is to say the LA has averaged 2 4 weekly payments of earnings to arrive at a weekly figure. Although the HB guidance appears to apply this to supersessions as well as claims, and cites reg 29(1) as the basis for that guidance, I presume what should be considered is reg 29(3), which seems far more open.

To what extent can the LA then take into account earnings later for an earlier period?

As an example, they have averaged earnings received 27/11/11 and 25/12/11 to alter the award from 5/12/11, whereas using 30/10/11 and 27/11/11 would have resulted in a figure nearly £14 less. As a result, they raised an overpayment of benefit.

Many thanks for the reply. One thing it has had the effect of doing is making the client decide she is not going to bring in her wage slips every month!!