Seasonal worker

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    We have a case where customer has made claim for jsa conts as not working – partner is on dla and esa. He has provided a p45 to show that he has finished work at the end of october 2011. However for Jsa purposes – they have classed them as a seaonal worker (he works in the fields during the summer) and refused his jsa using the earnings shown on his p45. I rang the job centre and they have confirmed that as he is a seasonal worker they include his earnings as make the assumption that he should save his money to last him over the next season.

    For our purposes am I right in thinking we would not include the earnings as they have provided a p45 and their only income is her dla and esa. There is not a lot of capital in their accounts. Or do we assess similar to the job centre and assume that they should make their money last?!?!

    Kevin D

    A P45 isn’t determinative. Also, a LA isn’t bound by a JSA decision in these circumstances. In short, the LA will need to make its own decision as to whether the clmt should be regarded as still being in employment for HB/CTB purposes.

    In my view, for HB/CTB, the test is the likelihood of returning to the same employer. If yes, it may be arguable that it is no different to being a supply teacher who will be returning to work after a holiday period. A couple of JSA CDs where working cycles were considered *may* assist – one relates to an employee; the other self-employed. See R(JSA) 1/08 & R(JSA) 8/03. R(JSA) 5/03 & R(IS ) 15/01 may also be of interest. Bear in mind that the law relating to JSA is not the same as for HB/CTB so care needs to be taken about what tests can / can’t be applied.

    In my view, if there is no certainty that the worker is going to return to work at a particular point in time, s/he should be regarded as NOT being in gainful employment.

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