LDG-v-Department for Social Development (JSA) (Human Rights - Article 1 of Protocol 1 - Protection of property)

This is an appeal from the decision of a tribunal sitting at Belfast on 3 March 2014.

For the reasons I give below, I allow the appeal and I set aside the decision of the appeal tribunal under Article 15(8)(a)(i) of the Social Security (NI) Order 1998.

I give the decision which I consider that the appeal tribunal should have given, without making fresh or further findings of fact.

My decision is that the jobseekers allowance (JSA) is not payable to the appellant for a period of one week from 6 December 2013 to 12 December 2013.

The appellant made a claim for JSA from the Department for Social Development (�the Department�) from 2 November 2013. He attended a fresh claim interview on 4 November 2013. There he was given documents which included a JS40 booklet. The JS40 indicated dates on which the appellant was required to attend his local Social Security Office to make a signed declaration. On 13 November 2013 the appellant was awarded JSA. He attended the Social Security Office on Thursday 14 November 2013 in order to make a signed declaration. He was due to attend again after two weeks.