I was inspired by a recent blog on burglaries at Christmas to see if there were any Christmas themes in my data. A simple search on my NVIVO files for the term ‘Christmas’ produced two results, one from 1914 and another from 1949. While adding a little Christmas spirit to the blog, both cases bring up interesting points about how eligibility for incapacity benefits concerns more than just the medical assessment of a person’s health.
A Christmas Day Brawl
In the case from 1914, the claimant had been involved in a fight outside a club on Christmas Day, had broken his leg and claimed sickness benefit. His approved society had refused benefit on the grounds that his incapacity arose out of his own ‘serious or wilful misconduct’ because the fall was the result of a drunken fight. The claimant appealed against this refusal and the appeal decision looked at the question of whether or not it was misconduct and whether the claimant was entitled to benefit. The Society also argued that, if the claimant had not started the fight, he ought to have taken his assailant to court to claim damages for the assault. There was no dispute in the case about the medical issues. Here’s what happened:
‘The Appellant was, on the afternoon of the 25th December 1914, in a working men’s club of which he is a member. Early in the afternoon there had been a dispute between the Appellant and a man named X over a game of cards and, at about 6 o’clock, after the two had left the Club the Appellant was found lying outside the door of the Club with his leg broken above the ankle. It was alleged by the Society that he had challenged X to a fight and had pulled him out of the Club for that purpose; that he had been the aggressor outside and had over-balanced himself in aiming a blow at his opponent and, in falling had broken his leg. The Appellant’s story on the other hand, was that he had left the Club first and had been followed by X who had called out to him to stop and had then broken his leg with a violent kick and had afterwards struck him more than once as he lay on the ground’
During the appeal hearing the adjudicators heard evidence from three witnesses: the claimant himself, ‘X’ who was the alleged assailant in the case and ‘Y’ who was a witness to the alleged fight. The case contains a long discussion of the dispute over the card game, the actions of the Club in refusing to sell alcohol to the participants and the adjudicators’ musings as to the likelihood of the dispute leading to a further fight outside. The adjudicators felt that it was more likely that X had started the fight since he was the one who had been accused ‘rightly or wrongly’ of cheating in the card game. They also discussed the likelihood of a man breaking his leg just by falling over or whether it was more likely that a leg would be broken as a result of a kick. There are several references to the amount of alcohol that each man had consumed. The claimant had ‘only one glass of beer early in the afternoon’, while X had ‘been drinking in a public house’ before going to the Club. They decided that they believed the claimant’s story, that there was no misconduct. They did not think that it was reasonable to expect him to take his assailant to court. This was irrelevant to the sickness benefit claim and so the claimant was entitled to benefit.
A Christmas Salesman
The other Christmas case comes from 1949 and concerned a man who was a self-employed salesman. He had broken his right hand and had claimed sickness benefit for two months on the grounds that the broken hand prevented him from carrying out his normal work. He was refused benefit on the grounds that he had continued to do some work, keeping his business going, and so flouting the rules which required claimants to ‘do no work’ while claiming benefit. He appealed to a local tribunal against this decision and, when he was refused again, he appealed to the National Insurance Commissioners. The published Commissioners decision gives us the outline of the case, and reveals the relevance of Christmas. In this case it was absolutely crucial. The claimant was a salesman who relied Christmas sales for his business to make a profit. He broke his hand in late October and was claiming benefit from then until mid-December, a period when he would normally be maximising his Christmas sales.
‘It is unreasonable – as in my case- to expect a self-employed man with stocks of Christmas goods laid in for selling to the shops to do absolutely nothing and idly watch the selling season pass by thus having his capital tied up in goods which will not sell the rest of the year.’
The Commissioners accepted his argument. Although he had attended to some book-keeping and tried to sell some of his Christmas stock, he was effectively not working over the relevant period and so he was entitled to sickness benefit. This case is interesting, mainly because it contains a useful discussion of the rules concerning working while claiming and how far a self-employed person could be allowed to keep their business ticking over while still being eligible for benefit. The question that remained for me was what on earth was he selling? The papers tell us that he was selling ‘Christmas goods’ and that he would be unable to sell them at other times of the year, that he was selling them to shops, that he normally drove around in a car carrying ‘heavy bags’ but we don’t know what the bags contained.
Photographs from Getty Images for illustration only