Genuine & Effective – Appeal

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  • #39110
    amartin
    Participant

    Hi, I would really appreciate anything anybody can offer on the following.

    We have refused HB to an EU citizen on the basis that his work is not genuine and effective. He works for 40 hours per week in a homelessness project, in return for a payment of £35 per week. The accommodation for which he is trying to claim HB is within the project, the £35 would cover his ineligible service charge, so he would receive no actual cash payment.

    I am just trying to find the relevant legislation with regards to ‘genuine & effective’ work, can anybody point me in the right direction?

    Many thanks.

    #110883
    Anonymous
    Guest

    Suggest you read the commentary in the CPAG book under reg 10 para (3B)(a) – loads of caselaw cited on genuine and effective work.

    In particular see R(IS) 12/98 were an au pair who worked for a modest wage plus board and lodging was held to be a worker.

    #110885
    Anonymous
    Guest

    P.S. Should HB be refused under Reg 9(1)(i) (tied accomodation) as an alternative?

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