UKSSCSC CU_215_1987 (29 September 1988)
Mr. M. J. Goodman CU/215/1987
Claim – failing to claim while looking for work – whether claimant able to show "good cause" for delay in claiming
The claimant was employed as a salesman until that employment ended on 12 December 1986. He did not attend the local office of the employment service until 23 December 1986. On 20 January 1987 he made a late claim for the period 13 to 22 December 1986. The adjudication officer decided that the claimant had not shown good cause for this late claim. The claimant appealed to a tribunal who upheld the adjudication officer's decision.
The claimant appealed to the Commissioner.
- the tribunal's findings of fact and reasons for decision were too brief and did not comply with regulation 25(2)(b) of the Social Security (Adjudication) Regulations 1986 (para. 6);
- a claimant who considers that his first priority is to try and find other work is not necessarily to be taken as deliberately electing not to claim benefit so as to fail to show good cause for the delay in his claim. An adjudicating authority considering a case where a late claim is made should carefully consider all the facts of the case to establish whether there is good cause for the delay (para. 7);
- R(U) 34/51 is distinguishable as a case where, on the facts, it was clear that there was a deliberate election not to claim benefit (para. 7).
The appeal was allowed.
DECISION OF THE SOCIAL SECURITY COMMISSIONER
"I was looking for work and not knowing the procedures I didn't register as unemployed. This is the first time in this situation since leaving school some 27 years ago and I have not received any instructions on the correct procedures."
Date: 29 September 1988 (signed) Mr. M. J. Goodman Commissioner