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R(I)1/71

anned
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Welfare Benefits Worker, Hambleton CAB, N Yorks

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I am preparing an Income Support appeal re cohabitation.  CPAG p 731 mentions the above Industrial Injuries decision, which holds that the burden of proof re relevant change of circumstances to allow supersession rests with the DM.  I found a link on Rightsnet but only the first few lines of the decision are there.  Can anyone either post a copy on this forum or e-mail me one at .(JavaScript must be enabled to view this email address). org. uk?

Thank you.

Anne

chrislpl
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Linskills Solicitors

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Hi Anne,

Here is the decision - I think it is in the Briefcase as well.

regards

Chris

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nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Hi Anne

I don’t think that you need to get yourself bogged down in case law on this point.  It is a fundamental principle of law that he who alleges something must prove the truth of the allegation.  Thus he who seeks supersession must make out the ground for supersession.  Any judge will agree with you if you just simply point it out.

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Welfare Benefits Worker, Hambleton CAB, N Yorks

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Thanks for the link, Chris, but unfortunately it’s the same one where only the first couple of lines of the decision appears.  Can’t find the full decision anywhere else.

I know I don’t need to go into this in depth, Nevip, but I do like to read at least a synopsis before I use a decision in an appeal, to ensure that I am clear about what I am quoting.

Ros
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editor, rightsnet.org.uk

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hi

here’s a link to page with decision on in toolkit-

http://www.rightsnet.org.uk/toolkit/industrial-injuries-disablement-benefit/

only first two lines on first page, but rest is there if you scroll down -

cheers ros

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Welfare Benefits Worker, Hambleton CAB, N Yorks

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Thank you, Ros

Regards
Anne