They are distributed to all insurance officers and local tribunals and gain added weight after publication in so far as they are applied and followed without criticism. About 2,000 Commissioners' decisions have been reported since 1948. A digest of these decisions is also published by Her Majesty's Stationery Office. In addition to single Commissioners' decisions, decisions may be given by a Tribunal of three Commissioners nominated in accordance with what is now section 116 of the Social Security Act 1975 to decide a question of law of special difficulty. Such decisions are almost invariably reported.
Commissioners speak with equal authority.
Where they decide questions of legal principle they must be followed by insurance officers and local tribunals in cases involving the application of that principle, unless they can be distinguished. It should be borne in mind that similarity in underlying facts does not automatically give rise to similarity in the principle to be applied and questions of fact should not be elevated into questions of legal principle. Subject to the foregoing insurance officers and local tribunals must choose between conflicting decisions and there is no obligation on them to prefer the earlier to the later or vice versa . In so far as the Commissioners are concerned, on questions of legal principle, a single Commissioner follows the decision of a Tribunal of Commissioners unless there are compelling reasons why he should not, as, for instance, a decision of superior Courts affecting the legal principles involved. It is recognised however that a slavish adherence to this could lead to the perpetuation of error and he is not bound to do so.