KH v Bury MBC and SSWP (HB) [2020] UKUT 50 (AAC)

UT has ruled that worker status is retained for longer than six months if claimant has worked for over a year and is involuntarily unemployed- there is no lawful basis for the test in what is now reg 6(2)(b)(ii) that such a claimant demonstrate a genuine chance of being engaged etc. after six months.

Judgment linked to here: https://cpag.org.uk/welfare-rights/resources/test-case/kh-v-bury-mbc-and-sswp-hb-2020-ukut-50-aac

Will there be a challenge? Any indications yet?

Not had any indication of an appeal thus far.

Just to update this- the SSWP did obtain permission to appeal to the Court of Appeal from the Upper Tribunal but have today notified the Tribunal and CPAG that they do not intend to pursue the appeal.

Is there any way if we can find out whether there’s going to be a DWP memo/HB circular about this?

All the paras on GPoW are still there in, for example, the ADM, in relation to retaining worker status (eg Chapter C1 on UC).