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Top Decision Making and Appeals topic #873

Subject: "ci/37/1995" First topic | Last topic
juliev
                              

Housing Advice Caseworker, Portsmouth HAC
Member since
26th Jan 2004

ci/37/1995
Wed 02-Mar-05 10:30 AM

Hi all

I'm looking for the above decision. Its given as footnote in CPAG when backdating due to ignorance of entitlement to HB, although it not a HB decsion.

Has anyone a copy they can email or might know where it is on the web?

Many Thanks

Julie

  

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Gareth Morgan
                              

Managing Director, Ferret Information Systems, Cardiff
Member since
20th Feb 2004

RE: ci/37/1995
Wed 02-Mar-05 11:25 AM

It's on our CD-Rom.

It's about a 33 year gap between an accident and a claim for disablement benefit.

The core part is:

"7. I have to look at the position as it was in 1959 when 17 year old girls working in a factory might be somewhat over-awed at a visit to a solicitor and might, far more than now, be willing to entrust their affairs to an adult and not question his judgment. In that kind of social environment I can quite see that the claimant might consider that her brother-in-law, having taken up the matter with a solicitor, and discovered that no compensation from any quarter was recoverable, had dealt fully with the position, and that there was nothing else to enquire about. I am a little surprised that over the years she did not check the position, as the welfare state began to grow and its benefits became more and more widely known, and perhaps someone more sophisticated or enquiring than the claimant might have ascertained the true position at a much earlier date than she did. However, on balance, having regard to the background of this case, I do not think it was unreasonable of the claimant not to have made enquiry earlier, and accordingly I am satisfied, albeit with some hesitation, that the claimant has made out her case that she has good cause for her delay."

  

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