Nature of Jobseeker’s Agreement; actively seeking employment; burden of proof - Kerr v Department of Social Development [2004] UKHL 23

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Re: Nature of Jobseeker’s Agreement; actively seeking employment; burden of proof - Kerr v Department of Social Development [2004] UKHL 23

Post by Admin on Wed Jul 26, 2017 6:13 pm

(d)The F-tT misunderstood the requirements of actively seeking employment. He asserts that it was not necessary for him to provide information
or
produce evidence about what he had done to fulfil this requirement.

Answer:
The F-tT did not misunderstand the law in any material way.
It was up to the appellant to show that he was actively seeking employment by providing information about his jobseeking activities.

(e)
The F-tT erred in law by placing a burden of proof on him to show he was actively seeking employment.
Answer: At the end of the day, the appellant failed to provide evidence peculiarly within his own knowledge that was needed to establish continuing entitlement.
Accordingly, if there was any doubt about his entitlement, it was rightly decided against his interest.
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Re: Nature of Jobseeker’s Agreement; actively seeking employment; burden of proof - Kerr v Department of Social Development [2004] UKHL 23

Post by Brutus on Sun Jul 30, 2017 3:36 am



So, fundamentally, we are at the whim of what the DWP think is reasonable (!!) proof of being ASE.
Even while JSA is phased out I can see no respite...


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Re: Nature of Jobseeker’s Agreement; actively seeking employment; burden of proof - Kerr v Department of Social Development [2004] UKHL 23

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