Secretary of State for Social Security v David: CA 30 Jan 2001

The applicant had been in receipt of job-seeker’s allowance. And had signed to say he would be available for work without restriction as to the hours or days of such availability. He was arrested and held for 42 hours before release. He was, by virtue of the regulations disentitled to the benefit for the entire week. This was despite any assumption of innocence, and the same result would have been reached had he been perhaps unavailable being stuck on a train for eight hours. The officers had no discretion, and should be given some.

Citations:

Times 30-Jan-2001

Statutes:

Jobseekers Act 1995 6, Jobseekers Allowance Regulations 1996 13(3)

Jurisdiction:

England and Wales

Benefits

Updated: 08 May 2022; Ref: scu.89090