§ Mr. Wakehamasked the Secretary of State for Social Services if he will set out the criteria used by his Department in assessing whether a person is self-employed under the Social Security Act 1975; whether he will publish any guidance notes; and whether he will make a statement.
§ Mr. OrmeIn the Social Security Act 1975, a self-employed earner "means a person who is gainfully employed, but not under a contract of service or apprenticeship—whether written or oral, and whether expressed or implied—nor in an office—including elective office—with emoluments chargeable to income tax under schedule E. Each case depends on its individual facts and on the law applied to them. Further information about contract of service is given in Department of Health Social Security leaflet NI 39; and leaflet NI 40 and NI 41 give further guidance on national insurance for the employed and for the self-employed generally. I am sending copies of these leaflets, which are available from local social security offices, to the hon. Member. For a more detailed exposition of the case law on contract of service it is necessary to consult text books which deal with the subject. A person who wishes to receive advice about his own position should inquire at the local social security office.