Jersey Judgment

Gosselin v. Social Sec. Min. [2016] 2 JLR 380 (08 November 2016)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Disentitlement to income support for failure to actively seek work, as provided by the Income Support (Jersey) Regulations 2007, is not incompatible with the ECHR.

Court disposition

application dismissed

02

Material facts

Parties

Gosselin

Applicant

Social Security Minister

Respondent

03

Procedural history

  1. Posture

    Judicial Review / Judgment

04

Questions and positions

Legal issues

Whether the consequences of breaching a warning to be available for and actively seek work under the Income Support (Jersey) Regulations 2007 are incompatible with the European Convention on Human Rights (ECHR)

Party arguments

Applicant
The applicant argued that the disentitlement to income support for failing to actively seek work is incompatible with the ECHR.
Respondent
The respondent argued that the consequences set out in the Income Support (Jersey) Regulations 2007 are not incompatible with the ECHR.

05

Court’s reasoning

  1. 01

    Income Support (Jersey) Regulations 2007; European Convention on Human Rights

    Consequences of breach of warning to be available for and actively seek work are set out in the Income Support (Jersey) Regulations 2007 and are not incompatible with the ECHR.

06

Ratio, limits and disposition

Ratio decidendi

Disentitlement to income support for failure to actively seek work, as provided by the Income Support (Jersey) Regulations 2007, is not incompatible with the ECHR.

Court disposition

application dismissed

Source and reliance status

Official court record

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Judgment text

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Source document

Court record

Judgment

[2016] 2 JLR 380

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BAILII >> Databases >> Jersey Law Reports >> Gosselin v. Social Sec. Min. [2016] 2 JLR 380 (08 November 2016) URL: https://www.bailii.org/je/cases/JLR/2016/JLR162380.html Cite as: [2016] 2 JLR 380 [ New search ] [ Help ] Gosselin v. Social Sec. Min. 2016 (2) JLR 380 (08 November 2016) Social Security-income support-actively seeking work-breach of warning-consequences of breach of warning to be available for and actively seek work set out in Income Support (Jersey) Regulations 2007 (i.e. disentitlement to income support)-not incompatible with ECHR The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2016 (2) JLR 380 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2016/JLR162380.html

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Income Support (Jersey) Regulations 2007

Legislation

Legislation referenced in the available case record.

European Convention on Human Rights

Legislation

Legislation referenced in the available case record.

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