Secretary of State for Work and Pensions v AR (rule 17) (JSA)
| Jurisdiction | UK Non-devolved |
| Judge | Judge Ward |
| Neutral Citation | [2017] UKUT 143 (AAC),[2017] UKUT 143 (AAC) |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Subject Matter | European Union law,European Union law - free movement,Ward,C |
| Date | 04 April 2017 |
| Published date | 25 April 2017 |
SSWP v AR (rule 17) (JSA)
[2017] UKUT 0143 (AAC)
CJSA/1868/2016
IN THE UPPER TRIBUNAL Case No CJSA/1868/2016
ADMINISTRATIVE APPEALS CHAMBER
Before UPPER TRIBUNAL JUDGE WARD
Decision: I consent to the application by the Secretary of State to
withdraw this appeal. A copy of this decision is to be placed on the
Chamber’s website.
REASONS FOR DECISION
1. This appeal has raised matters concerning the (now modified) policy and
practice of the Secretary of State in relation to one aspect of the so-called
Genuine Prospects of Work (“GPOW”) test. It is possible that the issue may
have arisen, or may yet arise, in other cases and for that reason this decision,
although on a withdrawal is, with the agreement of the parties, being placed
on the Chamber’s website.
2. The claimant is a German national. On 20 December 2014 a decision was
taken awarding him income-based jobseeker’s allowance (“IBJSA”). On 24
March 2015 a decision was taken on supersession ending the award,
following a GPOW assessment. On 6 August 2015 a tribunal (“FtT1”) allowed
his appeal. The decision of 24 March 2015 was set aside and that of 20
December 2014 remained operative.
3. On 22 October 2015 a DWP official based at the specialist unit in Scotland
dealing with the right to reside wrote informing the claimant that the Secretary
of State had decided not to appeal against the decision of FtT1 and
continued:
“Your JSA(IB) Habitual Residence test is now satisfied for an extended
period of three months from when it closed – 21/03/15 to 20/06/15. I
have sent notification to your Benefit Centre to determine your claim for
JSA(IB) for this period.
They will be in touch to let you know what is happening with your claim
and if any award of benefit is due.”
There was no suggestion in the letter that the decision could be appealed
against to the FtT.
4. On 25 October 2015 the claimant made a fresh claim for IBJSA. On 4
November 2015 the Secretary of State decided that he lacked a qualifying
right to reside – and in particular did not fall to be treated as a jobseeker
because of regulation 6(9) of the Immigration (EEA) Regulations 2006, which
provides that a person in the claimant’s situation could not have a fresh right
to reside as a jobseeker until after a period of absence. Thus his claim failed.
To continue reading
Request your trial