If the disposal was several years ago, the passing of time should erode the chances of a deprivation finding, as confirmed by long standing case law. Established deprivation case law also says you can't break the rules if you don't know them - but how could the client at the time know the rules , if they did not even exist at the time? I imagine that the DWP will say that effectively, the same rules applied then and now, and that PC is simpy a development of IS etc.
Isn't it best to assume you have the burden of proof? You can still assert to the tribunal who really has it. I seem to remember there was a decision recently where the commissioner commented that the question of who has the burden of proof, is of marginal importance.
Steve
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