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This site:
https://www.disabilitynewsservice.com/ Has a feature about an interesting book about what has been done to disabled people since 2010: https://www.disabilitynewsservice.co...rnments-shame/ |
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One woman is to take on the DWP over her daughters death: https://www.huffingtonpost.co.uk/ent...L&guccounter=2 |
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The facts are all out there. |
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European court ruling says that the UK Government must pay compensation to a victim of domestic abuse who suffered discrimination regarding the Bedroom Tax:
https://www.mirror.co.uk/news/politi...dealt-20714008 |
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In that sort of situation, you do what everybody else on the planet has always had to do, and move elsewhere. If you're in that much known danger, a panic room isn't going to make much difference. They will wait until you go outside and/or surprise you. Doesn't sound like she's even been attempted to be attacked in all that time(6 years). |
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Our resident DWP member of staff leaps to their defence once again.
The reality is they’ve introduced a bad policy not properly impact assessed against a wide range of protected characteristics and human rights. They deserve to lose every time in court. |
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UK Supreme Court ruling on the matter. Quote:
If it is supposedly a matter of the evil Tories and the evil "bedroom tax", then the same goes for Labour and Housing Benefit. |
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I'll stick to the European Court of Human Rights interpretation, thank you very much as it's a higher court. Which I'm sure the DWP will have trained you on the hierarchy. What has or hasn't happened previously is an irrelevance. The DWP introduced a bad policy, and deserved to lose the case.
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Nothing was introduced, at any time, by anybody, that is actually related to this case. If it's illegal now, then it was illegal in 2010, 2000, 1990, 1980, 1970, 1960, 1950 etc. But it wasn't illegal in those decades and nobody complained about it. The UNUSED "panic room" IS a bedroom. It would've made more sense for her to sleep in there, if she was actually in danger. The other part of their decision. Quote:
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It’s incorrect to claim the circumstances are the same now as the 1960s. The whole case is premised upon changes to Housing Benefit.
I’m not familiar with the second case but if the European Court of Human Rights have made a ruling as a lay person I’m not inclined to disagree with them in the absence of any evidence or facts at my disposal. |
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The principle of excess bedrooms existed BEFORE 2013, and BEFORE 2010. If the house had been in the private rented sector, they still wouldn't have received the 3 bedroom rate, only the 2 bedroom. That would've have been the case in the 2000s, 1990s, 1980s, 1970s etc. It was NOT a case of something that was allowed in the private rented sector, was suddenly not allowed in the social sector. Prior to 2010, an extra bedroom wouldn't be allowed for a carer or medical equipment. Now it might be, depending on individual circumstances. That happened from 1st April 2011. Those evil Tories have actually relaxed the previous rules. If Labour had still been in power, the rules wouldn't have been relaxed. So which side is evil?:rolleyes: |
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The financial crisis wasn’t caused because I used to get by bin emptied once a week. |
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Tory MP condemns decision to continue to deprive bereaved families of benefits, despite Supreme Court ruling:
https://welfareweekly.com/bereaved-f...-court-ruling/ |
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2) Nothing whatsoever to do with benefits. 3) Nothing whatsoever to do with nonsense claim of 100,000+ deaths of people who were merely receiving benefits. 4) Not much was changed prior to 2013, after which the main changes came in, and yet. Quote:
5) 2010 should be discounted from any figures, because any budgets will have been set by Labour. 6) The figures are based upon per person. If you let over 1m people in, the per person figure will go down. As the incomers were supposedly younger and more healthy, a smaller proportion of them will have needed social care. That again distorts the true per person figures. 7) Cuts started BEFORE 2010. Quote:
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8) Aspects of Social Care have been devolved to councils. Makes coming up with the true budget figure more complicated. Quote:
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https://fullfact.org/health/adult-so...nurse-numbers/
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BBC reporting that between December 2011 and February 2014, 90 people a month died after being found totally fit to go out to work:
https://www.bbc.co.uk/news/uk-34074557 All party group of MP's calls for Camerons two child limit to be scrapped: https://welfareweekly.com/no-governm...benefit-limit/ New fund to help vulnerable people claim Universal Credit excludes those too ill to work! https://voxpoliticalonline.com/2019/...-need-it-most/ |
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The BBC aren't "reporting"* it, they reported** it, over 4 years ago...
btw, the word "totally" isn't used in that article. *present tense... **past tense... |
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7,540 people died in the assessment phase, compared to 2,380 who died after found "fit for work". Those in the "fit for work" group will still have had the reconsideration and appeals phases to go, and would've still been receiving ESA all that time. Even then they were ALL still receiving ESA or JSA, otherwise the DWP wouldn't know about them, and wouldn't be included in that figure. As the numbers of people that didn't die aren't included, it's impossible to assess the comparative mortality rates. Even more so when the pre-2010 figures are not there, and conveniently not asked for in the first place. BUNCH OF MEANINGLESS FIGURES FROM 4 YEARS AGO. Still nowhere near the claimed figures of 100,000+ deaths. |
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Tories back candidate who thinks that benefit claimants should be "put down":
https://www.theguardian.com/politics...-remarks-gower Since benefits were frozen and people were pushed below the poverty line at the same time as cuts were made to other benefits, the Trussell Trust has found that most food bank users are now living on an average of £50 a week after housing costs have been paid. They are expected to pay bills and buy food with this, so the Trusell Tr7st has called on the Government to increase benefits. Next years increase of about £1 a week is nowhere near enough and has probably only been done due to the forthcoming general election: https://welfareweekly.com/food-bank-...earch-reveals/ Video about the real effects of Universal Credit on people: https://m.youtube.com/watch?v=dtKI_B7RghI |
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ooooh 'Ad Blocker Detected' . . either log in or subscribe err . . no thanks, I'll just click that red X at the top right thanks ;) |
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Our daughter's DLA to PIP scenario just took a strange turn.
PIP refused at first assessment (December 2018) PIP refused at Mandatory Reconsideration (May 2019) Tribunal requested (21st May 2019) Tribunal cancelled by the DWP (29th May 2019) Maximum points awarded by their Decision Maker, backdated to December 2018. On reading the Award Letter, we saw that they had been overly generous with the points, giving her points for something that does not affect her often enough to warrant the award. So I sent them a letter highlighting this. It was signed-for on 6th June, but no response has been received. Then today we have received a request from the Tribunal Service for a copy of her Mandatory Reconsideration in order for her Tribunal to go ahead. ? ? ? ? |
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Sounds like the DWP told you about the cax. But forgot to tell the tribunal. Maybe send the tribunal a copy of the cax. and award letters and see what happens?
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The only way to contact the Tribunal is by phone. 0300 number, so I racked up a bill hanging on to their muzak this afternoon. No reply. :( I'll just take the documentation to them next time I'm in town. |
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Does the DWP conceding, cancel the process? The appeal is brought by the claimant. Perhaps it's the claimant that then has to cancel it, pointing out the issues had been resolved.
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I had a similar situation where I had to query what would happen if the DWP conceded, as a different Tribunal had made a favourable decision just a few months before. The first-tier tribunal office didn't know the answer. In the end, on the day of the hearing the DWP sent a representative to concede, and the Tribunal had separately also agreed in my favour before the hearing started. The Decision Notice was on the table when I entered the room. At the very least send in a copy of the DWP decision as evidence, and change to the tribunal being based on the papers rather than having to attend any hearing. |
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Link Link to find other Tribunal contact details |
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But I showed him a copy of the letter we sent stating that they had been over-generous. He suggested I should keep proof of them receiving that letter (Post Office Signed-for) in case they ever decided to claim over-payment. The Tribunals deal with that scenario a lot. When I got home, my daughter said that someone from that office had called asking for a "reference number". She did not understand what that meant, so I hope they'll call again. I suspect they want the P.O. receipt number, to put on her records in case the DWP decides to play silly buggers. |
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What an absolute minefield. You must have to approach this like some military strategist to stay on top of it all.
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Failure to do so can open you to comebacks, even years later. :( The DWP has the habit of asking "On what date did you first become a Carer?" or something equally memory-blasting. |
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From the benefits and work website:
TRIBUNALS SERVICE OVERWHELMED BY PIP APPEALS A report by the Tribunals Service admits that they can’t keep pace with the number of PIP appeals. The ‘Senior President of Tribunals’ Annual Report’ admits that “the rapid rise in appeal numbers has outstripped our ability to recruit and train sufficient numbers of panel members to keep pace”. Appeal numbers plummeted in 2013, from a high of over half a million, after the DWP introduced its cynical mandatory reconsideration hurdle. However, numbers are on the rise again, more than doubling from 112,000 in 2014 to 238,000 in 2018. To try to cope, the Tribunals Service appointed 130 new judges, 225 medically qualified members and 125 disability qualified members last year. They are also trying other methods to reduce the backlog, including cramming more PIP appeals into each session and trying to resolve more cases before they reach a hearing. But the one thing that would really cut their workload - the DWP getting more decisions right - is unlikely to happen any time soon. |
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https://www.disabilitynewsservice.co...-in-two-years/ https://www.bbc.co.uk/news/uk-42862904 https://www.benefitsandwork.co.uk/ne...-back-payments |
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Still nothing to do with new demand for Tribunals. |
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The DWP announced ages ago that it wanted to move all Tribunals online "to save money".
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Some good news for those with severely disabled partners. The supreme court has unanimously ruled that applying the bedroom tax on 'spare' rooms that are used to store medical equipment is a breach of human rights: https://www.theguardian.com/society/...er-bedroom-tax |
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In any case, this has been covered before if you check further back in this thread. ---------- Post added at 15:25 ---------- Previous post was at 15:22 ---------- Quote:
At the end, she said something poignant as in "this could all be sorted out if they began to care". |
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I suggest that you take it up with the newspaper then.
This issue has already been covered recently in this thread, I see no point in going over old ground again, particularly when I suspect it's being done in order to deflect from the real issue under discussion. |
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Repetition of falsehoods, no matter who said/printed them, doesn't make them any more real. |
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By restoring this benefit, we would be discriminating against those renting accommodation from the private sector. How is that fair?
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The Public Law Project has launched a site to help those at risk of innaproppriate sanctions:
https://www.thejusticegap.com/new-we...ctions-regime/ |
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A Public Advocacy setup here was closed after HMG declined further funding, and the council refused to help either.
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https://metro.co.uk/2019/11/18/man-d...work-11174319/
Man found fit to work DIES in the queue at a job centre. |
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People do indeed die all of the time for a variety of reasons. The poor DWP here, having their quality robust decision making undermined by luck and chance!
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Eg There was a case of somebody who was refused ESA, but he died of an undiagnosed brain tumour. No connection whatsoever between the two things. |
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What is true is that people are statistically more likely to die in the dole queue due to poor decision making by THE DWP refusing ill health benefits to people who are entitled to them with copy and paste decision making. |
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Diabetes by itself doesn't cause death. Just found this. Quote:
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"famous UK diabetic sports achievers" haha. What about all those asthmatic cyclists? Utterly laughable to compare the medical plight of hundreds of thousands to one or two athletes.
Your rush to defend the DWP at every turn is truly laughable. I just had a Google and it did not indicate the "usual process" was for an appellant of a fit for work decision to not have to claim Jobseeker's. I can't believe I got banned from the Brexit thread for the week for the rather unambitious prediction that you work for them. |
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The quote says "Sportsmen and women with diabetes are common". So not so rare. Also, "Sport, or exercise of some form, is recommended for all people with diabetes". Citizen's Advice. Quote:
All irrelevant in this case, because apparently it is fake news. Quote:
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Stop now!
nomadking has a history of posting about his personal situation, so unless you are stating he has spent many years building up this story, you are being insulting. |
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I wasn't aware of that and as such withdraw my third point from my most recent post. Points one and two stand.
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A quick check shows: Complaints about PIP assessments up 6,000 per cent in three years Quote:
Surely, in any compassionate society, such a system that is clearly distressing the very people who need help the most, is morally unfit for purpose. |
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Any major change to any of the Welfare systems by whichever government, has a "bedding down" period where rules are clarified. EG People complain about somebody with a recently discovered tumour being denied ESA. The article pointed out that they were denied it because they had a partner who was working. They hadn't been assessed, never mind turned down. The article also stated that they had been awarded PIP anyway. Whether the system should be changed where there is a partner, so they get some money(not the full ESA amount) is another matter. Labour had a lot of years to implement changes, and didn't. On the "bedroom tax". Rules that have been in place for decades with the private rented sector, are suddenly complained about. Again, if they were that illegal or unfair, then Labour had plenty of opportunities to change things. Eg Somebody dies whilst in the Jobcentre. It is claimed by somebody they had diabetes and had been found "fit for work". As my links showed, it doesn't by itself make you "unfit for work". Additionally, it was revealed he hadn't been found "fit for work", and had been attend the jobcentre for around a year. Time after time, when a specific example is used, the truth is later on in the article. People too readily buy into the tone of the headline, without reading and comprehending the full article. My personal experience with the DWP is similar to that. They buy into the "headlines", and don't read and comprehend the whole application and evidence. The classic one, is where they phone you up to supposedly give a full verbal explanation of their decision, and don't explain a single point of anything. They just keep reiterating the line "we've looked at all the evidence". The legal purpose of the explanation is that it's meant to clearly demonstrate they have looked at all the major points raised, and explained their reasoning. The legal intention is that even if the claimant doesn't agree with it, they must understand it. Quote:
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I know it is obvious but you can never apply your own individual experience about anything and use it to make conclusions at the macro level. |
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The only 'truth' people know, is what they themselves experience |
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Nomadking claims to be trying to help people understand haha. The biggest poster of disinformation and distractions in the thread.
Rather than subjective opinion I much prefer facts and statistics. What is the DWPs rate for losing PIP appeals now? 71%, 78%? I keep losing track. If, as he disingenuously suggests, this is simply a "bedding in period" - PIP was introduced in 2013 and ESA in 2008 surely their performance would get better, not worse? |
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In the main it has failed to meet this objective as most council properties were built to house families of various sizes and there simply isn't enough alternative accomodation designed for single people, yet these people are having their Housing Benefit/Universal Credit reduced. Even those ready and willing to move to smaller accomodation, but can't because none is available, are still penalised. Many councils are finding it hard to let out properties which would attract a bedroom tax and they are lying empty, some have even demolished them to cut costs. On top of the hardship imposed on people, it hasn't saved any money. Yes, it will have cut down on the benefits bill, but this has been outweighed by the extra cost of administration, appeals (many where the Government has lost), extra Discretionary Housing Payments etc. One area where it is vastly more expensive is where a family cannot afford to top up their rent out of the (frozen since 2012) money that is meant to cover essential day to day living expenses. They get into arrears and are evicted, the same council then has a duty to find them emergency accomodation. This is usually a bed & breakfast costing hundreds of pounds a week, on top of the extra social costs of children having to travel miles to get to school or their parents actually having to give up work and claim extra benefits. Private accommodation is much more diverse than the public sector, ranging from a room in a house to a detached house with a swimming pool. If someone chooses to move into an overlarge or expensive privately rented property, it could be argued that they should be expected to make up any shortfall. Previously, they wouldn't have known that their home would have had a reduction in the Housing Benefit payable for being above 'a reasonable market rent' or 'overlarge'*, so the Government introduced a system where they could get a decision about this before they accepted the tenancy. But would the landlord be prepared to wait, or would they simply let out the property to someone with the cash in their hand? * Not all 'overlarge' private tenancies have their eligible rent reduced, as opposed to the arbitary Bedroom Tax imposed on council tenants. As a result of all the appeals and court cases arising, anyone currently paying the bedroom tax is advised to seek professional advice. I suspect that your uncompromising stance on the benefit cuts is because you are a Tory supporter. It will be interesting to see if your position changes should we have a different party in Government in a few weeks. |
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As someone who relies on ESA, PIP, carers allowance etc, it doesn't give my opinion any authority over anyone elses. The way things are just aren't fit for purpose. That much has been proven. Other than that, I think the nail has been hit squarely on the head. You're not going to get much of an fair argument on this Tory (biased) forum. Best to just not bother, go elsewhere.
But if you do need advice on these certain matters, then I hope I and others will certainly help. :) |
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There is no 'bedroom tax', as you know. |
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Just look at the numbers: 94,845 members in total and look how many of these are active in the Current Affairs forums? Maybe 20-ish? Sort of proves the point .. Then again, we all left, this place would just be a Daily Mail Comments parody site .. ;) |
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Eg X refused ESA, dies after falling over. The reason for falling over is found to be an undiagnosed brain tumour. But still his death is somehow linked to being refused ESA. The undeniable fact is that the 2 things are unconnected. My personal experience is mentioned to point out I'm not exactly a fan of the DWP and how it operates. It's vitally important to focus on the real errors, not the fake news. It is fair to point out that Labour are not being held to the same standards, and that people are only griping about so many different things that were mysteriously not a problem when Labour were in power. That is hypocrisy on their part. How many of the specific claims in this thread over being denied benefits have been shown to be true? They are mostly(if not all) demonstrated not to be valid for one reason or another. As I keep pointing out the truth is often exposed later on in the linked article. Eg Claim:- X commit suicide because of delays in in UC and threat of eviction. Truth:- He was in so much debt for such a long time before he resigned his job, that even an immediate approval of his claim would have made no difference. He was going to be evicted regardless. Eg Claim:- Person with a recently diagnosed brain tumour is denied ESA. Truth:- Later in the article it says that he was ineligible because he had a partner who works. He hadn't even been assessed for ESA. He was actually awarded PIP. Eg Claim:- Person found "fit for work" dies in JobCentre. Truth:- He hadn't been found "fit for work", and the cause of death has not yet been specified. |
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The DWP do make errors and outright sloppiness in decision making, but the examples used in this thread are not usually amongst them. Concentrate on the real errors going on, not the headline ones, which are often false or simply a total misunderstanding of the rules. Eg Maximus Medical report states "breathlessness on exertion", Hospital and GP also state that, medical reason for it identified(which is important), but not taken into account when deciding anything on the basis of "no breathlessness when brushing teeth".:confused: Lost at Tribunal, but won a rehearing from the Upper Tribunal, but not on any medical basis. I won it on a strange thing in the rules, that is really a physical state of affairs and isn't something that I would have got a medical note from a GP for. Eventually I won the rehearing at the First Tier Tribunal(they stopped it before the end) on the basis of "breathlessness on exertion". Eg You can't complain about losing benefits claimed under the special rules(expected to die within 6 months), when you're still alive 2 years later. You might still be eligible, but not under the special rules. |
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It’s total bull from you time and again. Anything to depend the DWP when against any measure going their performance in administering benefits is atrocious and getting worse. A Government department failing to administer laws it creates is nothing short of scandalous and for any supposedly “neutral” person to clutch at straws to defend them is, frankly, despicable. |
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DWP doesn’t create the laws they administer- Parliament does.
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DWP Decision Makers' Guide. Quote:
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EG Man alleged by man sitting next to somebody else(ie "man in the pub" situation) to have died after having been found "fit for work", HADN'T been found "fit for work". That NOT subjective, that is FACT. Where have the Government dept failed to administer laws, expect where AFTER the fact somebody comes along and says the way something has been applied is suddenly illegal, when it wasn't before? ---------- Post added at 23:39 ---------- Previous post was at 23:28 ---------- Quote:
It is still beneficial to look at those other decisions in conjunction with the base law to get a fuller picture of how the decisions are meant to be arrived at. |
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