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Neutral Citation Number:	2015 UKUT 476 AAC
Reported Number:
File Number:	CJSA 544 2015
Appellant:	GP
Respondent:	Secretary of State for Work and Pensions (JSA)
Judge/Commissioner:	Judge P Gray
Date Of Decision:	26/08/2015
Date Added:	08/09/2015
Main Category:	Jobseekers allowance
Main Subcategory:	availability for employment
Secondary Category:
Secondary Subcategory:
Notes:	Reported as [2016] AACR 14. Jobseeker’s allowance – actively seeking employment – whether a claimant could rely upon a search for jobs abroad to satisfy their jobseeker’s agreement The appellant, a research scientist, had been receiving jobseeker’s allowance (JSA) while seeking work within the United Kingdom (UK). In September 2013 she began searching via the internet for work exclusively in China. The Secretary of State decided that she was no longer entitled to receive JSA on the basis that she had not been actively seeking employment. The First-tier Tribunal (F-tT) upheld that decision and the issue before the Upper Tribunal (UT) was whether the claimant could rely upon a search for jobs abroad to show that she had been actively seeking employment within the terms of her jobseeker’s agreement and the law governing it. Held, disallowing the appeal, that: 1. given the definition of an employed (or a self-employed) earner within section 2(1) of the Social Security Contributions and Benefits Act 1992 as meaning a person gainfully employed in Great Britain, the concept of actively seeking employment under section 7 of the Jobseekers Act 1995 was activity towards obtaining employment in Great Britain (paragraph 24); 2. the appellant was entitled to look for work in China but that aspect of her job search did not assist her in showing that she had been actively seeking employment within the terms of her jobseeker’s agreement and the law governing it (paragraph 25); 3. there was no need in the instant case to consider whether there was a distinction between the two statutory or geographical concepts of Great Britain and the UK as there was no relevant job search in these islands at the material time (paragraph 27).
Decision(s) to Download:	[2016] AACR 14ws.doc