SM v Secretary of State for Work and Pensions (JSA): [2021] UKUT 179 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Brunner, QC on 19 July 2021.
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Judicial Summary
Department for Work and Pensions purported to stop unemployment credits, mistakenly treating them as a type of jobseeker’s allowance. Department for Work and Pensions treated unemployment credits under 8A Social Security (Credits) Regulations 1975 as if they were Jobseeker’s Allowance and mistakenly applied the Jobseekers Allowance Regulations 1996 to stop unemployment credits when the claimant refused to provide identification and was deemed to have failed to attend an interview. The erroneous treatment of unemployment credits as a type of jobseeker’s allowance (referred to as “Jobseeker’s Allowance (Credits only)”) was followed by the First-tier Tribunal. Observation made that the procedure and paperwork adopted by Department for Work and Pensions when dealing with unemployment credits may benefit from revision to ensure that this error is not repeated.