MB v Secretary of State for Work and Pensions (JSA)
| Jurisdiction | UK Non-devolved |
| Judge | Judge Wright |
| Neutral Citation | [2021] UKUT 69 (AAC) |
| Subject Matter | Human rights law - other,Jobseekers allowance - other,Tribunal procedure,practice - tribunal jurisdiction,Wright,S |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Published date | 07 April 2021 |
MB v SSWP (JSA) [2021] UKUT 69 (AAC)
1
IN THE UPPER TRIBUNAL Appeal No. CJSA/2077/2013
ADMINISTRATIVE APPEALS CHAMBER
On appeal from First-tier Tribunal (Social Entitlement Chamber)
Between: MB Appellant
- v –
The Secretary of State for Work and Pensions Respondent
Before: Upper Tribunal Judge Wright
Decision date: 15 March 2021
Decided on consideration of the papers
Representation:
Appellant: The appellant represented himself.
Respondent: Decision Making and Appeals Section, Leeds.
DECISION
The decision of the Upper Tribunal is to dismiss the appeal.
REASONS FOR DECISION
1. This appeal is one of a number of appeals which were stayed to await the
outcome of Parliament addressing the declaration of incompatibility made by the
High Court and then upheld by the Court of Appeal in Reilly (No 2) and TJ and others
[2016] EWCA Civ 413; [2017] QB 657; [2017] AACR 14. I will not set out here the
legal challenges and legislative changes which predated Reilly (No.2). Their effect,
however, means that this appeal by the claimant against the First-tier Tribunal’s
decision of 20 December of 2012 (“the tribunal”) concerning (non)payability of his
jobseeker’s allowance for the last two weeks of February 2012 can only now be
determined.
2. The Secretary of State’s decision under appeal to the tribunal was dated 13
February 2012 and was to the effect that the appellant’s jobseeker’s allowance
(“JSA”) was not payable from 16 February 2012 to 29 February 2012 because the
appellant had failed, without good cause, to participate in the ‘Work Programme’
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