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You are here: BAILII >> Databases >> Northern Ireland - Social Security and Child Support Commissioners' Decisions >> [2006] NISSCSC C7_05_06(IB) (29 March 2006) URL: http://www.bailii.org/nie/cases/NISSCSC/2006/C7_05_06(IB).html Cite as: [2006] NISSCSC C7_5_6(IB), [2006] NISSCSC C7_05_06(IB) |
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[2006] NISSCSC C7_05_06(IB) (29 March 2006)
Decision No: C7/05-06(IB)
"It is arguable that the decision was wrong in law, because
(i) the tribunal appears to have applied the wrong burden of proof to the facts of the case as the burden of proof was on the Department, which was contending that the award should be changed, not on the claimant; and
(ii) the tribunal has not made clear which particular mental health descriptors warranted the award of five points under the personal capability assessment."
John A H Martin QC
Chief Commissioner
29 March 2006