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15. Where, for the purpose of a decision under Article 9 or 11—
(a)a determination falls to be made by the Department as to whether—
(i)in relation to any person, the applicable amount falls to be reduced or disregarded to any extent by virtue of Article 17 of the Jobseekers Order, or
(ii)for the purposes of regulation 54 of the Jobseeker’s Allowance Regulations(1), a person is by virtue of that regulation to be treated as receiving relevant education; and
(b)it appears to the Department that it is not in possession of all of the information or evidence which is relevant for the purposes of such a determination,
it shall make the determination on the assumption that the relevant information or evidence which is not in its possession is adverse to the claimant.
Regulation 54 was amended by regulation 5 of S.R. 1997 No. 541
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