marys-fv's Useful/interesting Social Security Decisions

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marys-fv's Useful/interesting Social Security Decisions

Post by Admin on Tue Jun 27, 2017 9:10 pm

Useful/interesting Social Security Decisions

[quote="FlyingVisitor" post=26426]Decisions to support mandatory reconsiderations/appeals and/or complaints:

Information source:

I will add to the list when I can.

Non-attendance at prescribed course - whether good cause - relevance of consideration of past periods - Social Security Act 1998 section 12( 8 )

Availability for work – jobseeker’s agreement – claimant refusing to apply for work of a type she did not agree to “look for”

JSA Regs 73(2A) means a claimant has "good cause" for not attending an employment programme if he has not beforehand been sent a notice by the "employment officer", warning him of the consequences of non-attendance. SSWP cannot rely on a notice sent by an employee of an outsourced provider unless that person has been designated as an "employment officer".
12. The Secretary of State in agreeing with the errors of law which were identified in granting permission to appeal submits that:
“The FtT [First-tier Tribunal] also failed to make any findings about the appropriateness of the FND programme for this claimant. Consideration should be given to the skills and experience of the claimant with respect to the relevance of the FND programme to which he is directed. This should have been investigated further by the FtT having regard to regulation 73(2) “without prejudice to any other circumstances in which a person may be regarded as having good cause …”.

FV: It has always been the case that claimants must only be referred to provision that is appropriate and helpful.

Mandatory work activity - Breach of "prior information duty" - 2012 policy exempting those in voluntary work from referral[/quote]

[quote="FlyingVisitor" post=26427]continued....

Actively seeking - available vacancies

Jobseeker's direction - General Information Session - Sanction

Non-receipt of notification

Required information - P45

Jobseeker's Allowance- actively seeking work- whether claimant required to visit jobcentre during week- whether claimant required to perform all steps in jobseeker's agreement in week- whether claimant can use email and internet as reasonable steps in a jobsearch.

Refusal to sign Jobseeker's Agreement/Claimant Commitment[/quote]

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