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UC ‘genuine & effective work’

 

PhilB
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Welfare Rights/BMBC/Barnsley

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Joined: 10 February 2012

Hi

Does any body see a way around this at MR stage. Client claimed UC on 26/9/17, day after she started work. Here is the decision letter, Thanks

*********** has claimed Universal Credit (UC) from 26.09.17.

********** is a Polish national and has provided her ID card
confirming her identity. (Ref no: *********) She is single and has 1
dependant children living with her. Her daughter ********** was born
on 16.07.16.

She started employment on 25.09.17 and has provided a copy of her contract.
She works 16 hours per week - £18070.00 pro rata and has been doing so
from 25.09.17.

The employment and self-employment is genuine but not effective because it
does not satisfy the Minimum Earnings Threshold at Tier 1 or Tier 2 at the
date of claim to UC. This is because the evidence of employment does not
yet show any earnings, with the date of UC claim being 26.09.17. Therefore
********* is currently not a qualified person in her own right.
However, if she continues her employment, this may become genuine and
effective after 3 months.

On the evidence provided, I have determined that from 26.09.17
********* is not exercising a right to reside that qualifies her to
receive the benefit claimed.
Universal Credit Regulations 2013 regs 9(1) & (2)
Welfare Reform Act 2012 Section 4

      [ Edited: 12 Oct 2017 at 03:02 pm by PhilB ]
Elliot Kent
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Shelter

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Well you should definitely pursue it.

Just because the work has just started, doesn’t mean it can be ignored. Duration is one factor in deciding whether work is genuine and effective but in most cases its a reasonable inference that a new employee will stick around at least a few months. If your client is still working by the time of the tribunal hearing, weight can be given to that.

Also worth recalling that the MET with its “tiers” is a DWP myth which carries no weight in law

     
PhilB
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Welfare Rights/BMBC/Barnsley

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Joined: 10 February 2012

Thanks mate, my thoughts entirely, i’ll run with that