Starred decision that established that any applicant for incapacity credits was entitled at the time they received the benefit notwithstanding a provision that said they were to be examined within 12 weeks as to the their eleigibility. Because they received the benefit that meant they were entitled at that stage and therefore the medical examination and any subsequent decision on the claim was a review of the decision by the DSS and subject to the law in that regard, including that the burden of proof reverted to the DSS of showing that the claimant was not entitled to benefit. Relied on subsequently in a similar decision in relation to incapacity benefit.
