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Subject: DL v Secretary of State for Work and Pensions (JSA)  UKUT 0295 (AAC)
Date: Mon, 22 Jul 2013 15:23:44 +0100
Upper Tribunal Case No. CJSA/3900/2012
- - - - - - - - - (Appellant)
Secretary of State for Work and Pensions (Respondent)
APPEAL AGAINST A DECISION OF A TRIBUNAL
DECISION OF THE UPPER TRIBUNAL
DL v Secretary of State for Work and Pensions (JSA)  UKUT 0295 (AAC)
DECISION OF THE UPPER TRIBUNAL (ADMINISTRATIVE CHAMBER)
The decision of the Enfield First-tier Tribunal dated 8 August 2012 under the file references SC921/12/00595 involves an error on a point of law and is set aside.
The Upper Tribunal re-makes the tribunal's decision in the following terms:
"The Appellant's appeal is allowed.
The Secretary of State's decision of 20 October 2011, superseding the decision of 23 June 2005 awarding jobseeker's allowance (JSA) and imposing a sanction so that JSA was not payable from 27 October 2011 to 9 November 2011 (both dates included), is revised. The purported sanction is of no effect. This is because the sanction in question was imposed before the representations. The decision to impose a sanction was thus not in accordance with regulation 7(1) of the Jobseeker's Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011 (SI 2011/917). JSA should not have been stopped for that two-week period."
"Good cause7.-(1) A claimant ("C") who fails to participate in the Scheme must show good cause for that failure within 5 working days of the date on which the Secretary of State notifies C of the failure."