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Reviewer must prove on review
Senior moments does anyone remember the case law which provides that on review it is up to the DWP to prove the claimant is no longer entitled to the benefit being reviewed?
As thanks to all for your help!
Senior moments does anyone remember the case law which provides that on review it is up to the DWP to prove the claimant is no longer entitled to the benefit being reviewed?
As thanks to all for your help!
Aaaagh! Lots of it and I’m sure an admin. will pop up with a reference in a moment but I can’t remember it either.
What I do recall is that the onus is on the party seeking review to demonstrate that grounds for review exist rather than that the person is no longer entitled. Case law goes all the way back to National Assistance and Supplementary Benefit as I recall.
Much misunderstanding on the point in relation to the balance of probabilities.
Don’t you need to start from Kerr v Department for Social Development [2004] UKHL 23; [2004] 1 W.L.R. 1372? There’s this article from Eddy Graham from 2006 Prove it – decisions and the burden of proof but you might want to look in Rowland 2013-14 pages 1425 onwards for up—to-date analysis of the evolution of caselaw?
Don’t you need to start from Kerr v Department for Social Development [2004] UKHL 23; [2004] 1 W.L.R. 1372? There’s this article from Eddy Graham from 2006 Prove it – decisions and the burden of proof but you might want to look in Rowland 2013-14 pages 1425 onwards for up—to-date analysis of the evolution of caselaw?
R(I)1/71 - shame on me for forgetting that. There was an entire 8 year take-up campaign where that was at the forefront of my brain.