Case reference: CJSA 1814 2007
DECISION OF THE SOCIAL SECURITY COMMISSIONER
1. I allow the appeal. For the reasons below, the decision of the tribunal is wrong in law. It is set aside. With the agreement of both parties, I substitute for that decision the decision that the tribunal should have taken. This is:
Appeal allowed. The decision of the Secretary of State of 9 11 2006, superseding the decision of 28 3 2006, is set aside. The appellant was actively seeking work in the period 31 10 2006 to 6 11 2006. That is therefore not a ground for superseding the decision awarding jobseeker’s allowance to the appellant during that period.
For the avoidance of doubt, this means that there is no break in the appellant’s entitlement to jobseeker’s allowance for the period 31 10 2006 to 6 11 2006. He does not therefore need to make a new claim for that or the following period. He is also entitled to any relevant credited earnings for contribution purposes for the period.
2. The claimant and appellant (C) is appealing with my permission against the decision of the Worcester tribunal on 5 02 2007 under reference 055 06 00550.
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