Ferguson v Secretary of State for Work and Pensions

Ferguson v Secretary of State for Work and Pensions

Entitlement to jobseeker's allowance ceases on the day after the last day in respect of which the claimant has provided information or evidence showing continued entitlement, as per regulation 26(a). Regulation 26(a) does not render 26(b) and (c) devoid of meaning, and there is no regulatory gap because other statutory mechanisms exist for failure to provide information or evidence. The Commissioner's construction was incorrect; the correct cessation date is the day after the last proven entitlement.

Parties
Respondent: Michael Ferguson; Appellant: Secretary of State for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
12 March 2003
Procedural Posture
Civil Appeal / Appeal From Social Security Commissioner
Outcome
Appeal allowed
Legal Topics
Jobseeker's Allowance, Statutory Interpretation, Entitlement Cessation, Administrative Law
Social Security Law Jobseeker's Allowance Statutory Interpretation Entitlement Cessation Administrative Law

Case Brief

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Parties

Michael Ferguson

Respondent

Secretary of State for Work and Pensions

Appellant

Procedural Posture

Civil Appeal / Appeal From Social Security Commissioner

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) render regulations 26(b) and (c) devoid of meaning?
  3. 3 Is there a gap in the regulations regarding failure to provide information or evidence under regulation 24(5)?

Ratio Decidendi

Entitlement to jobseeker's allowance ceases on the day after the last day in respect of which the claimant has provided information or evidence showing continued entitlement, as per regulation 26(a). Regulation 26(a) does not render 26(b) and (c) devoid of meaning, and there is no regulatory gap because other statutory mechanisms exist for failure to provide information or evidence. The Commissioner's construction was incorrect; the correct cessation date is the day after the last proven entitlement.

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.