minimum earnings threshold, left job 3 months ago and cts

It’s unlawful to consider a person as not having a right to reside solely on the ground that the claimant doesn’t meet the earnings threshold.  Each case must be considered on its own merits as to whether the work is genuine and effective rather than marginal and ancillary.  And, just because a person has left his job does not mean that he is not in involuntarily unemployed for the purpose of the EC Directive.  See attachment.  A contract of employment in itself is not determinative of the issue.  Furthermore, the “involuntarily unemployed” bit might not be necessary as he might be able to found a right to reside following Teixeira (a right on the back of the child’s right to education).

Circular A3/2014 has two Annexes A and B that summarise some of the case law down the years that has dealt with effective and genuine work.  As nevip says, DWP’s guidance is only saying that you don’t have to bother with that level of scrutiny for people who satisfy the earnings threshold - still got to consider all the others on their merits.

If you were to come to the conclusion that his work was not effective and genuine, which you might still do after further consideration, that would make his current status job seeker at best.  Here it is worth noting that the prescribed content of your CTR scheme (the bit that you have to adopt by law) is running a year behind HB in terms of the treatment of EEA job seekers.  There was a loophole in Year 1 that allowed them to get CTR if they were habitually resident even if they were not on JSA(ib).  That has been closed for Year 2, but not in time to exclude job seekers entirely the same way HB now does: so an EEA job seeker on JSA(ib) remains entitled to CTR for the current year.

here’s a link to HB Circular A3/2014 -

https://www.gov.uk/government/publications/hb-circular-a32014-minimum-earnings-threshold