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Subject: "Commissioner's decision CSIB 547/02" First topic | Last topic
Philipb
                              

Welfare Rights Officer, Lancashire County Council Welfare Rights Service
Member since
03rd Feb 2005

Commissioner's decision CSIB 547/02
Thu 03-Feb-05 10:19 AM

This decision is referred to on page 736 of volume one of "Bonner" Social Security Legislation 2004 (Sweet and Maxwell). I can't find the decision anywhere including the OSSC website and the Scottish Commissioner's office say they have no decision by that reference. Just wondering if this is a typing error in Bonner. Has anyone else tried to use or located this decision?

  

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Martin_Williams
                              

Appeals Representative, London Advice Services Alliance- london
Member since
21st Jan 2004

RE: Commissioner's decision CSIB 547/02
Fri 11-Feb-05 09:53 AM

I also cannot find this anywhere online.

Commissioner Parker does have another decision CSIB/377/2003, which is available on the OSSC website which concerns the issue of when a tribunal should put an inference to a claimant. This is not quite the same point as that in Bonner and the decision basically says that it is not always necessary to put an inference to a claimant for comment(provided the rep hears the evidence and the negative conclusion that can be drawn from it is obvious). Although the appeal by the claimant in that case was dismissed there is some good stuff in the decision that can be used where the Tribunal have drawn an inference of lack of credibility from evidence the meaning of which was not obvious (ie where what the claimant said was ambiguous or could be interpreted in two ways).

Deputy Commissioner Wikeley allowed a case I was involved in where I argued on that basis and made the comment "the representative is not a mindreader".

  

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Top Incapacity related benefits topic #587First topic | Last topic