Welfare Rights Officer, Hull Social Services Welfare Rights, Pickering Cen Member since 27th Feb 2004
R(I)3/75 Tue 21-Dec-04 02:00 PM
Does any one have a copy of this decision they can let me have please?
Alternatively, does anyone know of any more recent decisions as to what constitutes a material fact for the purposes of a supersession in ignorance of one?
Welfare Benefits Officer, Gallions Housing Association, Thamesmead SE London Member since 22nd Jan 2004
RE: R(I)3/75 Tue 21-Dec-04 02:37 PM
R(I)3/75 was cited with approval in R(M)5/86.
The Commissioner discussed the distinction between primary facts and secondary facts in R(S)4/86. Primary facts are material facts and ignorance of primary facts is grounds for supersession.
Purported ignorance of secondary facts is not grounds for supersession. Such ignorance is more likely to be a mistake of consideration. See also para 11 of R(SB)4/92 where this is discussed