Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
antedate |
misinformation from third party |
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Summary:
Following legal advice, claimant suspended her claim until settlement by the Court concerning child maintenance payments. Held by the FCA that provisions of the Act cannot be used in such a way as to permit claimants to avoid the intended effects of a valid court order. Lawyer's advice is irrelevant
Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
antedate |
waiting for grievance settlement or judgment |
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Summary:
Following legal advice, claimant delayed in filing her application until settlement by the Court concerning child maintenance payments. Held by the FCA that provisions of the Act cannot be used in such a way as to permit claimants to avoid the intended effects of a valid court order.
Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
antedate |
conscious choice |
preoccupation |
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Summary:
Following legal advice, claimant delayed in filing her application until settlement by the Court concerning child maintenance payments. Acted in her own best interests but not as would any reasonable and prudent person. Did not possess unilateral right to defer receipt of monies otherwise payable.