Recovery from Estates {slight return}

This has been discussed a few times and I’m wondering about a certain bit of caselaw I saw on RFE subs back in the days, many years and two employers since last I saw one, I’m hoping somebody can recall it.

In the RFE case I dealt with DWP relied, in part, on a decision that held that there was a rebuttable presumption that a public authority had acted properly & lawfully.

That could be argued to shore up Comm’r Mesher’s findings in CF/1863/2007; the first Mirga case. I hope to drop it in the case I was discussing http://www.rightsnet.org.uk/forums/viewthread/8856/ here.

The basis is that unless DWP argue that they were wrong, then their award of IRESA to a family member is evidence of his R2R on whatever basis.