DECISION OF THE SOCIAL SECURITY COMMISSIONER

Commissioners file no:  CJSA 3659 2001 

1	I allow the appeal.

2	The appellant is appealing with my permission against the decision of the Sutton appeal tribunal on 29 August 2000 under reference U 45 171 2000 00797. The decision was that the appellant was entitled to jobseeker's allowance from and including 25. 1. 2000 but not entitled from and including 12. 1. 2000 to 24. 1. 2000.

3	For the reasons below, the decision of the tribunal is erroneous in law. I set it aside.  I refer the appeal to a differently constituted tribunal for determination in accordance with the directions given in this decision (Social Security Act 1998, section 14(8)(b) and (9)). 

4	The decision is set aside for an error of law made to, and repeated by, the tribunal.  The submission stated that decisions made under regulations 19(6) and (7) of the Social Security (Claims and Payments) Regulations 1987 (as amended) are outside the jurisdiction of a tribunal. As the secretary of state's representative acknowledges with regret, that statement is wrong and was wrong when made. It ceased to be accurate when the Social Security Act 1998 and Schedule 2 to the Social Security and Child Support (Decisions and Appeals) Regulations 1999 were introduced.  The tribunal has not considered the regulation 19(6) decision and should have done.

5	The new tribunal must consider the appeal in full. I direct it to consider the full submission from the secretary of state's representative including the arguments that are suggested may assist the appellant, depending on the facts. The tribunal should also consider the submissions of the appellant.   

									David Williams
								Commissioner
	
									16 May 2002
[Signed on the original on the date shown]