Secretary of State for Work and Pensions v DC (JSA): [2017] UKUT 464 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Rowland on 27 November 2017.

Read the full decision in CJSA/1744/2015.

Judicial Summary

Tribunal practice - evidence - presumption of regularity - party failing to comply with direction to provide document - whether tribunal entitled to conclude that burden of proof was not satisfied Jobseeker’s allowance - Employment, Skills and Enterprise Scheme - no letter issued by Secretary of State authorising provider to exercise statutory functions - whether authorisation a question of fact Jobseeker’s allowance - sanction - failure to participate in Employment, Skills and Enterprise Scheme - re-compliance 7 weeks after failure to participate but before sanction imposed - whether length of sanction limited to 4 weeks

Published 7 December 2017