Ferguson v Secretary of State for Work and Pensions [2003] EWCA Civ 536 (12 March 2003)

Ferguson v Secretary of State for Work and Pensions [2003] EWCA Civ 536 (12 March 2003)

Regulation 26(a) of the Jobseeker's Allowance Regulations 1996 applies to fix the date of cessation as the day after the last day for which the claimant provided information or evidence of entitlement. This does not render regulations 26(b) and (c) devoid of meaning, as they apply in other circumstances. The correct date for cessation is the day after the last proven entitlement, and the Commissioner's contrary construction was inconsistent with the regulatory scheme.

Citation
[2003] EWCA Civ 536
Parties
Appellant (respondent): Michael Ferguson; Respondent (appellant): Secretary of State for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
12 March 2003
Procedural Posture
Appeal From Social Security Commissioner / Court of Appeal (civil Division) Judgment
Outcome
Appeal allowed
Legal Topics
Jobseeker's Allowance, Entitlement Cessation, Statutory Interpretation, Social Security Regulations
Social Security Law Administrative Law Jobseeker's Allowance Entitlement Cessation Statutory Interpretation Social Security Regulations

Case Brief

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Parties

Michael Ferguson

Appellant (respondent)

Secretary of State for Work and Pensions

Respondent (appellant)

Procedural Posture

Appeal From Social Security Commissioner / Court of Appeal (civil Division) Judgment

Legal Issues

  1. 1 What is the correct date for cessation of entitlement to jobseeker's allowance under the Jobseeker's Allowance Regulations 1996?
  2. 2 Does regulation 26(a) of the Jobseeker's Allowance Regulations 1996 render the other paragraphs devoid of meaning?
  3. 3 Is there a gap in the Regulations regarding cessation events for failure to provide information or evidence?

Ratio Decidendi

Regulation 26(a) of the Jobseeker's Allowance Regulations 1996 applies to fix the date of cessation as the day after the last day for which the claimant provided information or evidence of entitlement. This does not render regulations 26(b) and (c) devoid of meaning, as they apply in other circumstances. The correct date for cessation is the day after the last proven entitlement, and the Commissioner's contrary construction was inconsistent with the regulatory scheme.

Court Disposition

Appeal allowed

Orders

  • Declaration that Mr Ferguson's entitlement to jobseeker's allowance ceased from 19th May 1999, not payable for that day.
  • He was not entitled to jobseeker's allowance from 19th May to 13th June 1999 inclusive.