I have a forthcomming tribual appeal hearing to challenge an overpayment decision. The department alleges my client failed to report a change of circumstances i.e that she was living with her partner. She strenously denies this. Is it up to my client to prove her innocence concerning the departments allegations? Does anyone know what the legal burden and standard of proof is in these cases?

Many thanks

Kevin

There is a legal principle that states that he who alleges something must prove the truth of that allegation. So initially, the department must show some evidence that the claimant failed to disclose some material fact. This usually means that they must produce evidence to show that the claimant is living with another person as man and wife and that there is no departmental record to show that the claimant had disclosed that fact to them.

However, when in defence, the claimant alleges that she did disclose that fact then the burden of proof shifts back to her to produce some evidence of that disclosure, i.e. telephone records, a detailed verbal record of a conversation with the department, copy of a letter, etc.

It is then up to the tribunal to decide on the balance of probabilities who is right. This means not deciding which version of events has more evidence attached to it but which version of events is most likely to be true.

Hope this helps.

Regards
Paul

Thanks for your help Paul.

Hang on a sec Kevin. You mean you have an actual appeal, with papers and things??? A chance for a day in court?? No 'agreements to settle'??? You even, and excuse me if I appear a little unbelieveable about this, mention the word overpayment in the same sentence as the word appeal. Now surely there's a mistake somewhere about that???

I think the truth should be told. There must be a potential for a whip round for the first person who actually has an appeal for tax credits. If it's true I can only applaud your staggering achievement.

lol