when does someone lose their worker status

Currently, there are 0 users and 1 guest visiting this topic.
Viewing 7 posts - 1 through 7 (of 7 total)
  • Author
    Posts
  • #39941
    jrout
    Participant

    Hi

    If someone retains worker status and is eligible to claim JSA because they are no longer working and signing with the Job Centre, do they lose their worker status from the point they started signing, if the DWP refuse JSA as an HRT failure,

    or do they retain worker status to the point the DWP make their decision.

    I am aware that we would make our own HRT decision, but if they failed that at which point do we cancel the paid claim?

    many thanks

    Jacki

    #114008
    Kay_Tade
    Participant

    As far as you are satisfied hat the claimant retains his/her “worker” status, under domestic and EU Law, which means they can show you they remain genuinely in the job market and are realistically seeking effective and genuine work then they retain R2R. I would look at the DWP reason/s for the refusal of JSA but it would not be determinant of entitlement to HB/CTB.

    SSWP v Elmi [2011] EWCA Civ 1403 should assist

    http://www.bailii.org/ew/cases/EWCA/Civ/2011/1403.html

    #114015
    jrout
    Participant

    Thanks Kay

    What is, we have a case where the claimant satisfied the conditions by signing with the DWP, so we paid based on the basis that he was in the job market and looking for work(but don’t think he was working prior to claiming). He is unable to provide a past history. Dwp have refused JSA as failed HRT and there seems to be a difference of opinion as to what date we cancel the claim from as he has not passed our HRT either.

    We have always cancelled from the Monday following the date the DWP decision make their decision, as he has eligibility until that point, but someone else has suggested that we should be taking the housing benefit away from the date of signing with the BA and creating an overpayment, which seems unfair on the claimant, as he had worker status when we paid it.

    Your opinion would be grateful

    regards
    Jacki

    #114019
    Kay_Tade
    Participant

    Ah, different ball game then. I think you have to decide if there was official error in determining there was entitlement in the first place. Did the claimant lead you to think they were previously emploed and provided evidence to support this? If not, there can’t be any entitlement unless JSA(IB) was awarded, which in your case it wasn’t. I Would say the O/P is official error, recoverable? Can’t say the details you posted, but my guess is no. I would revise the decision in such cases and terminate the claim right from the onset.

    #114041
    jrout
    Participant

    Sorry Kay I am confused now.

    I am of the understanding that from 1 May 2011 they have eligibility to HB/CTB as long as they have signed with the BA for JSA and looking for work, and that they did not need to have been a worker as long as they were currently in the Job Market. Is that wrong then?

    Are you saying that we should still establish a worker history for them in order to satisy eligibility to HB and CTB and/or we should not pay until the DWP have made their decision. Obviously under WRS it was alot easier as they had to have worked 12 months and we never used to pay them if we thought they wouldn’t be eligible to JSA.

    Also if they claim ESA do they lose their eligiblity if they cannot prove they worked prior to ill health.

    regards
    Jacki

    #114052
    Kay_Tade
    Participant

    [quote=jrout] I am of the understanding that from 1 May 2011 they have eligibility to HB/CTB as long as they have signed with the BA for JSA and looking for work, and that they did not need to have been a worker as long as they were currently in the Job Market. Is that wrong then?[/quote]

    Hi Jacki, yes that’s wrong. As you stated the WRS was abolished 30/04/11 which meant A8s would now be treated like any other EEA.

    Nothing else has changed. If they make a claim now, and want to depend on the “worker” status, like any other EEA, they would then need to show work history, their search for work is genuine, and they are actively in the job market. If the period they want to rely on, solely/partly includes any period prior to 30/04/11, will require evidence of WRS history.

    If they merely claim as a “job seeker”, then they, like any other EEA, will not be eligible unless they are entitled to JSA(IB)/ESA(IR) etc….

    [quote=jrout] Are you saying that we should still establish a worker history for them in order to satisy eligibility to HB and CTB and/or we should not pay until the DWP have made their decision. Obviously under WRS it was a lot easier as they had to have worked 12 months and we never used to pay them if we thought they wouldn’t be eligible to JSA.[/quote]

    Oh, I don’t think I want to go there. 🙂

    All I will say is, as described above, you only need the work history[May include WRS history for A8s from 01/05/11], if the claimant wants to depend on the “worker” status [Retention of the status as they are looking for work and have worked before].

    If it’s a “job seeker” and has not been in the job market in the UK or has just arrived then they are not eligible, forget WRS/DWP decision[Unless JSA(IB) is awarded]. As is the case of your claimant because they ceased looking for work.

    [quote=jrout]Also if they claim ESA do they lose their eligiblity if they cannot prove they worked prior to ill health.[/quote] Then no, unless it’s ESA(IR).

    Hope that makes sense.

    #114054
    jrout
    Participant

    thanks for your help on this Kay

    That makes it a lot clearer. I am sure we have been doing them right as we always ask for P45’s when they claim, if signing with BA, we just seem to have a rogue case I think, that doesn’t seem to fit the boxes. It does seems there are some mixed messages floating about regarding the changes in May 2011 when you surf the net.

    thanks once again for your help.

    Regards
    Jacki

Viewing 7 posts - 1 through 7 (of 7 total)
  • You must be logged in to reply to this topic.