Reply To: Income decision

Andy Thurman

Hi Kirsty,
Reg 29A was introduced, essentially, to negate the Tribunal precedent that earnings should be applied from Monday after first paid which was never the intention of the regulations.
It had always been intended for earnings to be applied from the Monday following the start of the job (and was predominantly understood to achieve that until the Tribunal decision) so DWP added Reg 29A to restore/achieve that intention.
Once earnings are first applied, para c of 29A (quite badly drafted imho) allows for a new fair average to be applied whenever needed – either from the Monday after a reportable change or, from the Monday after it is decided a new ‘fresh’ average is needed to better reflect their average weekly income from earnings.