CJSA_5381_1997
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UK Social Security and Child Support Commissioners' Decisions |
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You are here: BAILII >> Databases >> UK Social Security and Child Support Commissioners' Decisions >> [1999] UKSSCSC CJSA_5381_1997 (02 June 1999) URL: http://www.bailii.org/uk/cases/UKSSCSC/1999/CJSA_5381_1997.html Cite as: [1999] UKSSCSC CJSA_5381_1997 |
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[1999] UKSSCSC CJSA_5381_1997 (02 June 1999)
R(JSA) 1/01
Mr. P. L. Howell QC CJSA/5381/1997
2.6.99 CJSA/1360/1998
Contribution based jobseeker's allowance - annual compensation payments from employer following redundancy - whether periodical payments under an occupational pension scheme
The claimant made two claims for jobseeker's allowance following termination of employment by reason of redundancy. He received annual payments from his employer under a contractual redundancy arrangement. The claims were rejected on the grounds that these had to be counted as "pension payments" for the purposes of section 4(1) of the Jobseeker's Act 1995, and were subject to the offset rules in regulation 81 of the Jobseeker's Allowance Regulations 1996. Tribunals confirmed those decisions. The claimant appealed to the Commissioner.
Held, dismissing the appeals, that:
- the payments were made by virtue of a contractual redundancy arrangement between the claimant and his new (private) employer to replace benefits under the Civil Service Compensation Scheme;
- the payments were undoubtedly periodical payments within the definition of "pension payments" in section 35(1) of the Act;
- applying Westminster City Council v. Haywood [1998] Ch 377, the fact that the contract referred only to compensation in the event of redundancy and not to pension benefits on eventual retirement does not take the payments outside the definition of an "occupational pension scheme".
DECISION OF THE SOCIAL SECURITY COMMISSIONER
"(a) determining the age-related amount applicable to him; and
(b) making prescribed deductions in respect of earnings and pension payments."
"(a) periodical payments made in relation to a person, ... in connection with the coming to an end of an employment of his, under an occupational pension scheme ..."
"Any scheme or arrangement which is comprised in one or more instruments or agreements and which has, or is capable of having, effect in relation to one or more descriptions of categories of employments so as to provide benefits, in the form of pensions or otherwise, payable on termination of service, or on death or retirement, to or in respect of earners with qualifying service in an employment of any such description or category; ..."
"These are very wide definitions. It is sufficient for present purposes to say that the council's severance scheme and its superannuation scheme, considered separately, are each an occupational pensions scheme and a public service pensions scheme within these definitions."
Date: 2 June 1999 (signed) Mr. P. L. Howell QC
Commissioner