Digest of Benefit Entitlement Principles   Chapter 21 - Section 3

21.3.0 Benefit of the doubt and reasonable doubt

21.3.1 Benefit of the doubt

Doubt is a state of mind that exists when a decision is not definite but leans alternatively to either side; benefit is an advantage to be conferred on someone. To give the benefit of the doubt simply means to choose one side over the other. This normally applies when an individual fails to present conclusive proof, or when opposite accounts are equally believable. To come to a decision in such cases, the agent may draw reasonable inferences from all circumstances of the case, the evidence, and any other relevant factors.

Where there is conflicting evidence, cases are usually resolved by a preponderance of evidence on one side or the other. However, when no evidence is sufficient to tip the scale, the claimant is given the benefit of the doubt ^{Footnote 1} .

21.3.2 Reasonable doubt

A reasonable doubt is that degree of doubt that would prevent a reasonable and just person from coming to a conclusion. In other words, when a reasonable and just person has a real and substantial doubt on a particular matter, it has not been satisfactorily proven. When the agent has a real and substantial doubt on an issue, the case has not been proven. But when the agent can say, I think it more probable than not, the case is proven ^{Footnote 2} .

21.3.3 Good faith

The term "good faith" is ordinarily used to describe that state of mind denoting honesty of purpose, freedom from intention to defraud, and being faithful to one's duty or obligation ^{Footnote 3} . When the agent accepts that the claimant's declaration was made in good faith, the information is accepted as being a true reflection of the claimant's intent and understanding of the situation.