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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

In-Work Credit - Appeal rights

CHC
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Welfare rights team - St Mungo's Broadway

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Total Posts: 171

Joined: 22 June 2010

Hello

Is it possible to appeal a decision not to award In-Work Credits?  Client lodged an appeal against a decision that she was not entitled to the in-work credit (Lone Parent) and Job Grant when she ended her JSA claim in October to work 16 hours or more per week,  she received a letter from DWP the decision is not appealable.  The Tribunal Service have also written to her to ask her to respond to the DWPs decision that they have no juristriction on the decision.  While I believe that she cannot appeal the Job Grant decision as an award of this is discretionary, the In-Work credit is not a discretionary award is it? There is very little info on In-work Credits in any of my handbooks. 

In order to be entitled to the In-work Credit as a loan parent, you have to have been in reciept of Job Seekers Allowance for previuos 52 weeks.  Client had a brief break in her JSA claim in June 2011 for one week, do you think there is any arguement that the Job Seeking period can be linked. The break was due to her working more than 16 hours/earning too much that week.

Robbie Spence
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Independent benefits adviser and trainer

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Total Posts: 116

Joined: 14 July 2010

Please see our factsheet at http://www.disabilityalliance.org/f50.pdf At the Benefits of Working service we don’t know of any linking rules for Job Grant or In-work Credit. There are linking rules for working tax credit 50+ element, for example, but that is unusual. Not what you wanted to hear, I expect, but hope that helps. - Robbie