CBTM05170 - Misrepresentation: Allegation of disclosure

R (SB) 18/85

Where a claimant alleges that disclosure of a material fact was made during an interview, but that the interviewing officer did not properly record disclosure, the following should be considered;

• the written documents and any evidence from the claimant about how the alleged disclosure took place, and
• whether, on a balance of probabilities, the written statement was qualified orally at the interview

R (IB) 14/96

The claimant is responsible for the correct completion of forms. The fact that a form was completed on the claimant’s behalf does not lift this responsibility.