Actively seeking work

Dear all,

It is accepted that I may have gone slightly mad. However, I seem to recall caselaw supporting the following argument. If somebody is misadvised that they are for not eligible to JSA and at appeal this decision is reversed and JSA is retrospectively awarded, I seem to remember reading a case that held the client does not need to demonstrate they were actively seeking work and signing on during the period that they had been told they were not entitled to JSA.

In short, we have successfully won the appeal to appear JSA reinstated. However the decision maker has insisted we provide evidence that the claimant was actively seeking work. We cant, there isn’t any. So an your help be greatly appreciated.

Kind regards
Richard Stacey

Hope I’m not askig the obvious, but did they continue signing on whilst the appeal was going on?

If so, surely the onus of proof is on JCP to show that they weren’t actively seeking/available?

Sorry, but I don’t know the caselaw you’re after.

she did not sign on during the period i am afraid.

Failure to sign on pending the appeal is not fatal so entitlement does not cease on the sole ground of failure to do so.  See CJSA/1080/2002.  I was the rep on that case so I know.  As a matter of law if the tribunal says the claimant is entitled then she is entitled.  If the Department thinks she isn’t then it must find an error of law in the tribunal’s decision and seek permission to appeal in the usual manner, or find a ground to supersede.  The Department is just simply not free to ignore the tribunal’s decision.

very grateful to you