Client was in reciept of reduced earnings allownce, based on earnings from a 40 hour week in the suitable alternative occ. He then increased his contractual hours in the suitable alternative occ to 45 per week, and earnings then exceeded those in the regular occupation but at that stage the DWP did not supersede and continued to pay REA. He then subsequently changed roles within the company but with no change of hours or salary. Later, the DWP decided they should have superseded at time of first change with a resulting overpayment (non recoverable as he had informed them of the change). Client now appealling against withdrawal of the allowance.

I have no previous experience of REA and would welcome comments on: whether change of hours / salary but not jobs constitutes a change of circs
whether change of jobs but not hours / salary constiutes a chnage of circs

I have looked at the regs and various bits of caselaw but can't make up my mind!

The other issue is that the earnings in the regular occ have been caculated by indexation because the company that cl worked for was sold and now trades under a different name. However the job done by client (axle tester) still exists. I couldn't decide if the DWP were correct to use indexation rather than the actual earnings in this situation.

If anyone can shed any light on the above I would be very grateful! Ruth C, Birmingham Tribunal Unit

"Compensation for Industrial Injury" by Lewis is a good reference book for this. If it ain't in there then it ain't anywhere. Do you have access to a copy?

and as a thought - never had to deal with the issue - but if he increases overtime, then surely you can argue they should compare with the original job inclusive of relevant overtime? rather than comparing the present job with overtime withe the previous job without? that only helps with the first change not the second but hopefully a start as a contribution ...

I did look at that book but couldn't make up my mind. The increase of hours was not overtime as such, just an increase of contracted hours and, as a result, earnings. As REA looks at overall remuneration package I assume that this is a change of circs but would welcome comments!

Ruth C

my recollection is that you still have to compare like with like, so to speak....

trouble with this one is, REA doesn't come up very often these days ....most of us have probably forgotten what we once knew about it LOL