Work – genuine and effective……

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  • #35109
    510233
    Participant

    Hi all, im having real problems with the concept of “genuine and effective”. Let me share my example:

    Portugeese chap who with his Brazillian wife have claimed before. Wife leaves, he claims and is told he cant claim as he isnt working. He has now got a job, but it is only 20 hours per week. He has 4 children to support, and a rent of £750 per month. Tax credits and child benefit not in payment at the moment (guess wife was claimaing them before she left). His mother lives with them also. No child care costs are declared.

    I keep changing my mind on this one about whether or not his work is genuine and effective.
    On the side for paying it… He has found employment since being turned down for HB…

    On the side for not paying it, he has 4 children and a mother to support (she gets a very small portugeese pension only) so to me, getting £400 month is not effective employment to support the family?

    Would someone like to share some views/advice please.

    thanks

    #98612
    DJM
    Participant

    One of our senior managers always asks the question “If this person wasn’t doing the job, would somebody else do it?” (ie, was the job created specifically for the purpose of employing the claimant, or did the job exist anyway?).

    If the job existed anyway, he has always maintained that it is therefore “genuine and effective employment” no matter what level of pay or hours worked.

    #98613
    David
    Participant

    Definitely genuine and effective given he has regular employment & it’s 20 hours ie full time work. Commissioner’s have decided a far lesser no. of hours can be genuine etc.

    I think he should be entitled to the minimum wage though…

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