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Forum Home  →  Discussion  →  Residence issues  →  Thread

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

Martin Williams
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Welfare rights advisor - CPAG, London

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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

Benny Fitzpatrick
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Welfare Rights Officer, Southway Housing Trust, Manchester

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Will there be a challenge? Any indications yet?

Martin Williams
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Welfare rights advisor - CPAG, London

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Joined: 16 June 2010

Not had any indication of an appeal thus far.

Martin Williams
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Welfare rights advisor - CPAG, London

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Total Posts: 645

Joined: 16 June 2010

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.