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There is a degree of discretion built in to the system as it is as the article makes clear. One case, however unfortunate, does not require a whole system to be amended. The ETs have fairly strict deadlines for good reason, so that the parties know where they stand. On the facts as reported, the case should have been allowed to proceed in any event, unless the claimant's widow had full knowledge both of the right to claim and the deadline but chose to lodge the claim in time. Even then, it would seem harsh but clearly we do not have the full facts.

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