The Social Security and Child Support Commissioners
SOCIAL SECURITY ADMINISTRATION ACT 1992
APPEAL TO THE COMMISSIONER FROM A DECISION OF A SOCIAL SECURITY APPEAL TRIBUNAL UPON A QUESTION OF LAW
DECISION OF THE SOCIAL SECURITY COMMISSIONER
" ... a day shall not be treated in relation to any person as a day of unemployment unless on that day -
(ii) he is, or is deemed in accordance with the regulations to be, available to be employed in employed earners employment ... "
"Require to obtain permission from Inland Revenue Head Office but [that] should be more or less a formality and given fairly quickly."
That reflected a similar answer on the original application form at document 11 of the bundle which appears not to have caused any problem in respect of the award of benefit. That declaration was, of course, a reflection of the Rules. On further questioning from the Department, after the appeal had been lodged, the claimant explained that to obtain permission:-
"In most circumstances a phone call would suffice but were I required to make written application on the prescribed form this could probably take, allowing for postal time, two to three weeks."
In a letter dated 10 September 1996, also before the tribunal, the claimant elaborated upon the Rules and explained that Rule 2.1 would apply to him thus:-
"In many circumstances therefore a phone call would have sufficed giving an assurance that none of the conditions applied, eg had I been offered the job with Boots or Falkirk College a formal written request would probably be unnecessary as I had had no previous dealings or connection with these firms."
That gives the essence of the application to the claimant of the only Rule relevant to this case. He then goes on to explain that written application would probably only have been required if a particular offer of employment had come from a chartered accountant firm with which he had formerly had dealings in his official capacity.
W. M. Walker QC
3 March 1998