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Forum Home  →  Discussion  →  Residence issues  →  Thread

EEA Worker status - work “genuine and effective”

 

EmmaK
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Citizens Advice, Rotherham

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Does anyone have any experience of successfully challenging DWP over UC claimant’s right to reside where it has been refused due to the level of work not being considered “genuine and effective”?

Client is EEA national and working 12 hrs per week, earning £100 per week.  No other income.  Has been working for 3 months with written contract and regular work pattern.

I’d be interested to hear what people’s experience has been.

     
DebbieS
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Reading Citizens Advice

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Yes. I’ve successfully challenged several cases where DWP have turned down claims because the client has not been earning at the minimum earning threshold or above (currently £162pw). DWP are consistently failing to apply the second stage of their own 2 stage test ie if client doesn’t pass the MET, look at the situation as a whole. This is in direct contradiction of their own guidance:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/687074/admc1.pdf

     
Rebecca Lough
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Welfare Rights, Greenwich Council

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Yes, definitely challenge. DWP treat it as a fixed concept, but it is of course a lot more flexible than that. They can also make a new claim to see if that is successful as well as appealing.

     
EmmaK
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Citizens Advice, Rotherham

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Thanks both for your feedback.  Really helpful.

     
ikbikb
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LSD WB Supervisor Bury District C.A.B Lancs

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Just had a EEA client working just short of 30 hours a week. He has been employed since 2016 by the same employer. Was on WTC CTC no problem. Went on holiday for 3 to 4 weeks with employers consent. He had to claim UC on return and now has a decision to state his work is not genuine and effective, (which must mean it is marginal and ancillary), and was refused. His partner works 18 hours a week.  This is a new level of ‘decision making’ even by these, but could mark a policy with UC re EEA claimants as it is not clear what such a poor decision is based on legally.

     
ClairemHodgson
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ikbikb - 14 January 2019 12:52 PM

but could mark a policy with UC re EEA claimants as it is not clear what such a poor decision is based on legally.

thought it was common that UC decisions don’t cite law, don’t refer to law and don’t appear to know law?

     
DebbieS
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Not quite the same but I’m seeing an EEA client tomorrow, four years working in the UK and failed the HRT. The mandatory reconsideration notice has no date on it…......

     
Timothy Seaside
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Housing Services, Arun District Council

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DebbieS - 14 January 2019 04:17 PM

Not quite the same but I’m seeing an EEA client tomorrow, four years working in the UK and failed the HRT. The mandatory reconsideration notice has no date on it…......

Does it have a name on it? Is it signed by the ghost of governmental fair play and decency? Seriously though, if you don’t put a date on a document it’s easier to fabricate an alibi later on, when somebody tries to hold you to account for your wrongs.

     
past caring
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Welfare Rights Adviser - Southwark Law Centre, Peckham

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It is all a bit random isn’t it?

I’ve been referred a client who was refused UC in October on the basis of no right to reside. On the facts (Italian father who has worked continuously in UK since December 1993 when client was born, German mother who worked in UK 1993 - 2000 when she departed UK for Germany with client, client returns UK February 2008) I think it is likely client has a permanent right of residence as dependent of qualified person (father) in the 5 years prior to her turning 21. So I get the client to make a new claim just before Christmas to allow me to request the MR and to do this via a journal entry…..

The client is on a zero hours contract - her earnings for October 2018 average £81.57 p/w, for November 2018 £77.70 p/w and December 2018 £104.43 p/w. Decision on the new claim? Client has a right to reside as a worker…....