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As the decision of the First-tier Tribunal (made on 15 September 2010 at Colwyn Bay under reference 187/09/00138) involved the making of an error in point of law, it is SET ASIDE under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007 and the case is REMITTED to the tribunal for rehearing by a differently constituted panel.
A. The tribunal must undertake a complete reconsideration of the issues that are raised by the appeal and, subject to the tribunal�s discretion under section 12(8)(a) of the Social Security Act 1998, any other issues that merit consideration.
B. In particular, the tribunal must investigate and decide whether Mr A was a worker between 1 July 2008 to 19 October 2008.
C. In doing so, the tribunal must not take account of circumstances that were not obtaining at the time of the claim: see section 12(8)(b) of the Social Security Act 1998. Later evidence is admissible, provided that it relates to the time of the decision: R(DLA) 2 and 3/01 .
Mr A worked for a restaurant. His employer paid him cash in hand without deducting income tax or national insurance. The issue is: does that prevent Mr A being a worker in EU law? The answer is: no.
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