Terms & Conditions

[Anonymous]

Would like to know what other authorities do in the following scenario.

We have several claimants whose wages fluctuate from month to month. One person in particular has 2 jobs, 1 of which is agency type work where they may not work for 1 month, then the next they work for a couple of days, then the next they work all month, as well as the second job. These claimants do actually provide us with wage slips each month.

HBReg 29(3) says that if the earnings change during an award we must estimate the average earnings over an appropriate period.

Where the earnings fluctuate so much and so frequently, what would you consider is an appropriate period?

Elaine

[Anonymous]

Its not possible to give a definitive answer because much depends on the claimants own pattern of earnings

The issue was considered by Mr Commissioner Jacobs in CH/1780/2005 and he was emphatic that it will be a matter of judgement in any particular case.

The Secretary of State was represented in CH/1780/2005 and he cited a decision of Mr Commissioner Mesher CH/473/2003 which suggested that the matter could be decided on a week by week basis

[Author]

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