Tracking down case law

Here is R(I) 1/71 -

http://www.rightsnet.org.uk/pdfs/ri/1_71.pdf

R(I) 3/75 is cited with approval in R(M) 5/86 attached

That’s as far as I can get I’m afraid.

A previous discussion thread - http://www.rightsnet.org.uk/forum-archive/index5589.html#740 - suggests R(S) 4/86 may also be helpful also attached

Helly - 09 January 2015 11:15 AM

A colleague has given me some good information for completing a sub in a DLa appeal where the decision has been superseded by DWP on the grounds of ignorance of a material fact as they say client failed to notify change in his condition.
The case law colleague has used is R (S) 6/78 para 3, R (I) 1/71 para 9-16 and R (I) 3/75 para 9 but I am unable to find copies of these case laws and wondered if anyone can help.
Thanks

On a skim read the paras quoted concern established principles:
R(S)6/78 - a new medical opinion is not of itself a change of circumstances
R(I)1/71 - burden of proof falls on decision maker (where an existing award of benefit)  R(I) 3/75 - burden of proof where issue is alleged ignorance of a fact which might have led to a diferent conclusion / decision

I would suggest that more recent decisions may be more helpful on how to approach your case including:
CDLA/1404/2012, CDLA/2348/2010, CDLA/179/2007
I’m sure other can add some more suggestions.

Daphne: if it helps we have a full set of reported decisions back to 48 - but are probably not in a position to copy individual decisions to others on demand!

those recent ones here -

http://www.rightsnet.org.uk/briefcase/summary/tribunals-approach-to-alleged-dla-overpayment

http://www.rightsnet.org.uk/briefcase/summary/supersession-effective-date-of-decision-where-claimant-alleged-to-have-been

http://www.rightsnet.org.uk/briefcase/summary/Attention-deficit-hyperactivity-disorder-weighing-evidence-of-school-and-pa

cheers peter .... we probably have the same books!!

here’s R(S) 6/78 and R(I) 3/75

http://www.rightsnet.org.uk/pdfs/R_S_6_78.pdf
http://www.rightsnet.org.uk/pdfs/R_I_3_75.pdf

(have also added them to our toolkit / resources pages @ http://www.rightsnet.org.uk/toolkit/commissioners-decisions)

Daphne - 09 January 2015 01:04 PM

those recent ones here -

http://www.rightsnet.org.uk/briefcase/summary/tribunals-approach-to-alleged-dla-overpayment

http://www.rightsnet.org.uk/briefcase/summary/supersession-effective-date-of-decision-where-claimant-alleged-to-have-been

http://www.rightsnet.org.uk/briefcase/summary/Attention-deficit-hyperactivity-disorder-weighing-evidence-of-school-and-pa

the third links to 1797/07 not 179/07

apologies - thanks for spotting that Peter - I just put in the number and didn’t check properly. It’s before we had all of them in briefcase but attached is a copy of the correct one…

Thank you so much for the responses.  The newer legislation is really useful.  Thanks.

R(S) 6/78 para 3.

Because of those medical opinions, the local insurance officer reviewed the decision of the insurance officer awarding invalidity benefit for the period 5 November 1976 to 14 December 1976 under section 104 (1)(b) of the Social Security Act 1975 on the ground that there had been a relevant change of circumstances since the decision was given. Merely obtaining a different medical opinion is not a change of circumstances, though it may be evidence of such a change if there is other evidence of it e.g. if a person had resumed work or if a condition had been wholly cured as a matter of medical fact. A medical opinion, or any other opinion, is not a change of circumstances. The onus of proof is upon the insurance officer. (Decision R(I) 1/71, paragraphs 9 to 16). That decision applies to all cases of review. If merely submitting a medical opinion constituted a relevant change of circumstances, there would be no end (other than limitation of time for review) to the number of times the insurance officer and the claimant could present a fresh medical opinion. I do not find that there was a relevant change of circumstances under section 104 (1) (b) of the said Act for review of the decision awarding invalidity benefit for the period stated.

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