Secretary of State for Work and Pensions v KK (JSA): [2019] UKUT 313 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Ward on 14 October 2019.
Read the full decision in .
Judicial Summary
An A8 jobseeker whose claim for JSA in March 2009 remained undetermined by 1 May 2009 (the first day when the Worker Registration Scheme formerly applicable to A8 nationals has been disapplied by the Supreme Court’s decision in SSWP v Gubeladze [2019] UKSC 31) is, by virtue of Social Security Act 1998 s.8(2), entitled to have it decided on the circumstances obtaining at the date of the DWP’s decision. In such a case those circumstances included (as is now known) that the WRS was no longer of legal effect and thus his claim fell to be decided on the same basis as a claim by any other EU jobseeker. Contrary to an earlier submission on behalf of the Secretary of State, a fresh claim for JSA on or after 1 May 2009 was not required.