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Click here for you Practical Guide on helping a 'Protected' EEA National claim UC if they have ever worked in the UK and have a 'retained worker' status.

 

 

 

 

 

 

 

Compelling Evidence of a Genuine Prospect of Work- OLD info for reference only
The Genuine Prospect of Work "GPOW" test establishes whether the claimant can have their UC extended from 6 to (up to) 9 months.
It means that if someone fails this test they  cease to have a right to reside and lose entitlement to benefits - unless they can show they have a right to reside through a different route - eg family member, permanent residence status, derivative right, or self sufficiency.

 According to guidance the test will only be passed if the person can show "compelling evidence# of a genuine prospect of work" - ie there is an actual job offer - due to start within 3 months; or if there has been a recent change in circumstances which improve their prospects such as a qualification or moving to an area of the UK with more employment. In the latter case the extension will be up to 2 months. DMG Memo 15/14 provides guidance to Job Centre staff. And DMG Memo 2/15 describes the roll-out of the GPOW test to all work seeking EEA nationals including those who had been "transitionally protected" by being on JSA before the test was introduced in 2014.

What is compelling evidence?

#In an upper tier tribunal - CSJSA 15 2016 - the judge said the standard of proof in civil proceedings in the UK was not 'compelling evidence' but ‘the balance of probabilities’, having regard to the weight and quality of evidence appropriate to the circumstances of the case:
Against that background, I interpret 'compelling evidence' to be no more than the requirement for evidence to establish on a balance of probabilities that the claimant is continuing to seek employment and that he has genuine chances of being engaged. I read ‘compelling' to mean no more than, in the context of the circumstances that have arisen, ie that the claimant has not been able to obtain employment during the relevant period, that the onus is on the claimant, and having regard to the circumstances of the case, the judge considering the matter is entitled to decide the weight and quality of evidence required to establish that the claimant is continuing to seek employment and has genuine chances of being engaged." (paragraph 12)
 
This case has been remitted for a fresh hearing but until any contradictory decision it means that it is worth challenging any decision that a person does not have a genuine prospect of work unless they meet these very strict criteria. Contact us for advice if this happens

Example:

Krasimir fom the example above has been unable to find work and it is now six months after he lost his job.
He has been studying English and taking up his book-keeping studies again that had been interrupted when he moved to the UK, and has an interview lined up, so the DWP agree to keep his worker status on for a further two months.

Unfortunately the two months passes and still no work.
Initially the DWP say Krasimir has no Genuine Prospect of Work and his UC ends but he requests a mandatory reconsideration and taking into account all the factors including his desperate attempts to find a job the DWP extend a further six months.





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Ooops – not logged in?
 
Looks like you need to log in.
(If you’ve forgotten your login please email us at info@housingsystems.co.uk)



 
Just visiting?
 
If you’d like to see the information on this page, and discover all the other useful tools we offer, you’ll need to be registered member.

If you’d like a free, no obligation 2 week trial just email us - info@housingsystems.co.uk.

Find out more about the trial and services we offer here.

We’d love to hear from you.

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