Suspension of entitlement due to late submission of proof of personal job search efforts

Facts

The case concerns a decision of the Federal Social Insurance Court in a matter involving a Regional Employment Center (RAV) and the State Secretariat for Economic Affairs (seco) against an insured person R. and the Insurance Court of the Canton of St. Gallen. The issue is whether the suspension of entitlement to unemployment benefits due to late submission of proof of personal job search efforts was lawful.

Considerations

The court states that according to Art. 26 para. 2bis OACI, the insured person must provide proof of their job search efforts within a deadline of five days after the end of the control period. If this deadline is missed without a valid excuse, the job search efforts cannot be taken into account. This represents a limitation of the administrative authority's duty to investigate, which is covered by Art. 43 para. 3 ATSG.

The court sees Art. 26 para. 2bis OACI as a regulation in line with the law, which does not deprive the insured person of the daily allowance entitlement, but…