UC and HRT

Hi,

Im trying to find an ‘idiots guide’ to how HRT is applied under UC. We are seeing increasing numbers of people having UC claims refused because of HRT and I need to get a better understanding of how it is applied so we can help to challenge this.

Does anybody have a link to a guide that I can use please?

thanks

We’re talking about the practice rather than the actual law right?

I don’t have any handy guide but in terms of practice, the claimant goes to an interview where a DWP adviser completes an “eHRT” form. Basically, its a bunch of questions with drop down box answers. It does appear to be conditional in some ways - so certain answers will send the computer down certain routes - I don’t think everyone gets asked everything. That’s sent off with whatever evidence is gathered over to the DM.

I have a completed eHRT on an appeal bundle and may be able to anonymise that and send it to you if that would help with the sort of questions that get asked. I can’t remember too much about it offhand.

Thanks Elliot that would be great help if you can.

We are just getting a lot of cases where residents who have been in the UK for 6-7 years or more in some cases, where they have worked etc and suddenly they are being refused UC on R2R issues.

One in particular has been working, but they say he has not paid sufficient NI so (because I haven’t seen the decision letter), I can only assume that they deem his work isn’t genuine and effective. Spoken to our JCP and they say it is a national issue.

Advisor_1 - 12 April 2017 08:48 AM

One in particular has been working, but they say he has not paid sufficient NI so (because I haven’t seen the decision letter), I can only assume that they deem his work isn’t genuine and effective. Spoken to our JCP and they say it is a national issue.

Sounds like they’re referring to the “Minimum Earnings Threshold”. The gist is that the DWP introduced a “two tier test” in deciding whether people are genuinely and effectively working. The first tier is the MET - you pass the MET if you have been earning over the lower NICs limit for three months. The second tier is then actually asking if you’re in genuine and effective work.

In practice, first instance DMs are frequently taking the view that if the MET is failed, you’re not a worker and they’re not actually applying the second tier. It’s often possible to sort out at MR.

In terms of EU law, the MET is of no consequence and the caselaw shows pretty clearly that people can be workers even if they fall far short of meeting the MET. Equally, people can be workers if they’re earning over the NICs threshold but failing to pay the NICs because they’re working cash in hand or whatever.