Terms & Conditions

[mika]

Looking for some inspiration.

Customer works for Housing association as a Relief Scheme Manager. HA confirm she works under a ‘Bank Agreement’ with no regular hours but regular hourly rate. She is also entitled to claim mileage from her home to place of work.

Assessor has included travel as earnings under HB(SPC) Reg 35 as expenses not wholly, exclusively and necessarily incurred etc…. BUT customer argues that as she has no regular place of work, when she leaves home she is incurring expenses in the performance of the duties of her employment and therefore expenses should be disregarded.

Have read through several previous threads and CH/1330/2008 but still find myself sitting on the fence arguing both sides. Can anyone help me down from the fence?! :~

[simonh]

I took a similar case to tribunal. Clt was a part time clerk to the tribunal service and had to go wherever he was sent to work, ranging from Norwich to Wales. Often his expenses were more than he was paid for the actual work. The tribunal decided that these were being incurred ‘wholly and exclusively..’ etc.

[Kevin D]

That’s the one piece of case law that I would have suggested.

The crux is the “place of work”. If the employer was to say to her, “Come into work”, where would the clmt go? Nothing suggests that “home” is the “place of work” – at least so far. Based on the info given so far I would be tending towards deciding that the mileage from home to client-site is incurred for the purposes of employment (wholly and exclusively). As such, it isn’t earnings.

NB: If there is any mileage from home to the employer, I would see that as being commuting and NOT allowable.

{Edited to add} CJSA/4721/2001 is another case where travel expenses were looked at. Bear in mind that the facts may be different and I haven’t checked to see if the JSA legislation is the same as for HB/CTB.

[mika]

Thank you guys – think I have jumped off the fence now in favour of disregarding travel expenses as being wholly, exclusively and necessarily incurred in the performance of the duties of her employment.

Will please the customer but will be a horrid revision to reassess (notional capital case too!!).

[Chris Robbins]

The case Kevin refers to (CJSA/4721/2001) was followed in CH/1266/2004. It is not of direct relevance to your case as it concerned a claimant who worked on a casual basis for a number of different employers and when required to work had to travel to their locations. The argument was really whether as a casual worker he could be considered as self – employed, as it was accepted that if he was an employed earner his travelling expenses were not allowable.

[rds01]

Doe sanyone know how to get a copy of CJSA/4721/2001? Thanks

[Kay_Tade]

http://www.bailii.org/uk/cases/UKSSCSC/2002/CJSA_4721_2001.html

[rds01]

Brilliant – many thanks, much appreciated.

[Author]

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