Findings of fact and conclusions of law

In general, decision making about eligibility for Carer Support Payment will be relatively straightforward. Many applications will be determined using ‘automated decision making’. This is because systems will have access to information to determine eligibility for the benefit, for example, whether the person being cared for is getting a qualifying disability benefit, whether the carer is receiving an overlapping benefits, whether another carer is already receiving the benefit. Clients (or their representatives) will also confirm themselves that they are providing the required amount of care, and sign a declaration to confirm this, and this declaration will be accepted on the basis of trust, in line with our principles of dignity and respect.

Some more complex cases may require more complex decision making – for example where a client is self-employed or their earnings are unclear, where a cared for person has disputed that care is being provided, or where there are multiple applications for Carer Support Payment for care provided to the same person, and a decision is needed about which carer should receive the benefit. Specific decision making guidance is provided for these situations but this chapter provides further information on the principles of how decisions should be made.

The decision-making process for determining entitlement to CSP will involve making a series of smaller decisions. These allow the client adviser to make an overall decision on entitlement. These smaller decisions are either:

• a ‘finding of fact’
• a ‘conclusion of law’.

These smaller decisions may be integrated and influence each other rather than be standalone. For example, the inability to make a conclusion of law may mean that the decision maker needs to first make a finding of fact.

• A finding of fact is a decision that a factual circumstance is accepted to be true. This is based on the available supporting information. The ‘facts’ that will be needed are based on the eligibility criteria that the client will be assessed against. This is the information that they will need to know to help them decide whether the client is eligible for CSP.  For example, a client adviser could accept as fact that the individual is a carer whose earnings do not exceed the earnings threshold for CSP.

Where required, client advisers must look at all the available supporting information to establish the facts.

Client advisers may be unable to make a decision straight away because there is insufficient supporting information. In this case, they will need to work with the individual to gather more supporting information.

Client advisers must make findings of fact on ‘the balance of probabilities’. This means that a factual circumstance must be accepted as true if evidence shows that it is more likely than not that it occurred.

The ‘balance of probabilities’ is an easier test to meet than ‘beyond reasonable doubt’ which is the standard test for finding facts in criminal trials.  However, it does not mean that the individual must be given the benefit of the doubt if there is not sufficient supporting information.

Applying the balance of probabilities to every fact of the client’s case is not necessary. Rather, client advisers should use their judgement where there are gaps in the facts. When making those deductions, client advisers need to be able to explain why on the balance of probabilities they have determined that those facts are likely to be the case.

Where there is contradictory supporting information, client advisers should decide whether there is enough supporting information in favour of one finding of fact over another. 

Conclusions of law

A conclusion of law is a decision about the application of the eligibility criteria to the client’s facts. Conclusions of law make up the determination and need to be based on the eligibility criteria.