AM v Secretary of State for Work and Pensions (ESA): [2019] UKUT 215 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Ward on 9 July 2019.
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Judicial Summary
The case concerned whether the claimant, an A8 national, could rely on unregistered work done during 2009 and 2010 to establish worker status and thereafter retain it. The DWP’s submission to the FtT failed to mention the Upper Tribunal’s decision in TG v SSWP and continued to maintain the position that unregistered work done between 1 May 2009 and 30 April 2011 could not be taken into account. A key evidential issue was that the DWP’s submission to the FtT contained what at first sight appeared to be a detailed recital of subsequent claims for JSA and ESA, appearing to leave a 14 month gap. Despite the apparently authoritative looking information, the claimant had in fact (as a representative appointed by the claimant in the Upper Tribunal proceedings was able to establish and evidence) been on JSA and ESA throughout the 14 month “gap” also. That being so, it was not in dispute that once the SSWP’s appeal in SSWP v Gubeladze [2019] UKSC 31 had failed, the present appeal fell to be allowed and the decision remade in the claimant’s favour.