CBTM05240 – Misrepresentation: Circumstantial evidence

If direct evidence of misrepresentation is unavailable (for example the relevant paid orders from the order book have not been obtained) misrepresentation may still be considered where there is supportive evidence. Examples of circumstantial evidence are

• the claimant does not deny receiving the payments,
• benefit was paid by means of an order book, girocheques etc,
• order book stubs bearing the Post Office date stamps of encashment are available,
• cancelled orders from the relevant book show the declaration the claimant had to sign before receiving the payments.