Northern Ireland - Social Security and Child Support Commissioners' Decisions

[2006] NISSCSC C1_06_07(JSA) (17 November 2006)

Decision No: C1/06-07(JSA)

SOCIAL SECURITY ADMINISTRATION (NORTHERN IRELAND) ACT 1992
SOCIAL SECURITY (NORTHERN IRELAND) ORDER 1998
SOCIAL SECURITY COMMISSIONERS (PROCEDURE) REGULATIONS (NORTHERN IRELAND) 1999
JOBSEEKERS ALLOWANCE
Application by the claimant for leave to appeal and appeal to a Social Security Commissioner on a question of law from a Tribunal's decision dated 5 September 2005
DECISION OF THE SOCIAL SECURITY COMMISSIONER
1. This case begins as an application by the claimant for leave to appeal against a decision dated 5 September 2005 of a tribunal sitting at Belfast. I granted leave on the basis that it was not clear from the tribunal's decision what factors it took into account in exercising its decision in relation to the period for which Jobseekers Allowance (JSA) was not payable to the claimant.
2. Both the claimant and Ms O'Connor for the Department, have expressed the view that the said tribunal's decision was in error of law.
3. In exercise of my powers under Article 15(7) of the above Order, I set aside the said decision and remit the matter for rehearing before a differently constituted tribunal.
4. I direct the Department to prepare for the new tribunal and copy to the claimant a submission setting out the facts which it took into account in exercising its discretion as to the period of disqualification for JSA.
5. I direct the new tribunal to set out clearly:

(i) that it has considered whether or not the claimant has shown good cause for failing to apply for a job notified to him by an employment officer;

(ii) should such good cause not have been shown that it has consciously exercised its discretion as to the period of disqualification for JSA to be imposed;

(iii) the facts which it has taken into consideration in the exercise of such discretion.

(signed): M F Brown

Commissioner

17 November 2006