02 April 2015
Smith v Secretary of State for Work and Pensions [2015] EWCA Civ 229, [2015] All ER (D) 204 (Mar)
The claimant appealed against the judge’s finding that the Jobseeker’s Allowance (Mandatory Work Activity Scheme) Regulations 2011 (SI 2011/688) were not ultra vires s 17A of the Jobseekers Act 1995. The Court of Appeal in dismissing the appeal, held that R (on the application of Reilly and another) v Secretary of State for Work and Pensions [2014] 1 All ER 505, which quashed similar regulations, was not binding, as the present scheme contained some elements by way of “description”. Further, the Regulations prescribed a description of the scheme within the meaning of s 17A(1) of the Act.
