Is it possible to ask for a statement of reasons as well as to 'set aside'?

cit_k

Read the full letter, ask for a statement of reasons if need be.

Better yet, take the whole lot to a welfare rights advisor, you seriously not going to get anywhere going on like this.

Ugnaught

I’ve looked a bit further down and its more blankness, then a box with "Signed Tribunal Judge"

I suppose the statement of reasons would tell me if the late evidence went to the wrong dept. I suppose in my new letter i should ask for a SOR and to set aside.

I get a month though after i get the SOR if i want an upper tribunal. A set aside happens before an upper tribunal right?

Ugnaught

When sending a letter asking for a statement of reasons should i bother to also mention reasons why i sent the evidence late and didn't turn up on mental health grounds or leave that till after i get my statement of reasons?

Cpt.Scarlet

Ugnaught wrote: »

When sending a letter asking for a statement of reasons should i bother to also mention reasons why i sent the evidence late and didn't turn up on mental health grounds or leave that till after i get my statement of reasons?

Requesting a SoR is handled by a clerk of the court who will pass the request onto the judge responsible for the hearing, so there is no point providing additional information at this stage as no one will be interested in it.

Ugnaught

The advice in the letter the Tribunal Service sent to me doesn’t mention Statement Of Reasons in the Set Aside section! Just the 'appeal to upper tribunal' section!

Are the Tribunal Service trying to put people off asking for a Statement Of Reasons when asking for a Set Aside?

Richie-from-the-Boro

Ugnaught wrote: »

The advice in the letter the Tribunal Service sent to me doesn’t mention Statement Of Reasons in the Set Aside section! Just the 'appeal to upper tribunal' section!

Are the Tribunal Service trying to put people off asking for a Statement Of Reasons when asking for a Set Aside?

I said in my first post it would be UT not 1st tier. You sent your info in too late and the trib found against you on the information they had. SA could only ever come after you win the UT on ' errors of law '. The SOR can be requested any time feel free to do so.

If in the original trib the chairman was in any doubt whatsoever of the efficacy of the determination at that time on on the information they had at that time they would have have found for a postponement.

Set Aside and any other desired outcomes can as far as I'm aware only happen if a UT is persuaded that the original trib was wrong on an error of law and then the interests of natural justice allow the equivalent of a re- trial. Set aside for example would be where :

- they demanded money back when you were over paid, but decided it was not recoverable
- placed the wrong weight of any information you supplied
- too ill to attend [ oral ] on the day
- outside statutory limits
- etc

That however is never likely to happen because the re-trial would be based on examining the exact same information as you supplied in the first instance, and so, the outcome would be exactly the same.

Your only possible way of overturning the old trib is by proving that law / case law exists that supports your argument that they should have taken into account the new info you supplied only hours before the hearing.

You say in one thread its 1stT and in another its UT .. .. I'm confused. You need professional help friend - stay away from expensive law firms they are less than useless in these areas, try to bet help from WRO's or CAB or whatever.

Ugnaught

Ugnaught wrote: »

The advice in the letter the Tribunal Service sent to me doesn’t mention Statement Of Reasons in the Set Aside section! Just the 'appeal to upper tribunal' section!

Are the Tribunal Service trying to put people off asking for a Statement Of Reasons when asking for a Set Aside?

I have tried in vain to search Google for an online copy of the letter – its says it’s a leaflet: GAPS 173/97 Ver. 5441 Appellant

...but if you can get hold of the pamphlet 'How to appeal a step by step guide' then it does mention a SOR, but i think it still doesn't put it clearly that you request a SOR before a Set Aside – the SOR seems to be an optional extra!

On page 29 it says "An application to Set Aside must be made in writing within one month of the date of issue of the decision notice or statement of reasons (see page 30), whichever is the later. This time-limit may be extended by the Tribunal."

Page 30 is the 'further appeal' advice section. Do you think it puts it clearly?

Cpt.Scarlet

#18

Ugnaught



Please, please, please get help from an advisor, You clearly do not understand the system you are attempting to appeal against.



I don't know whether you actually have a case to have your Tribunal result Set Aside, although I think it unlikely that you do, but you stand no chance what so ever if you carry on as you are.



Contact you local CAB or a Welfare Rights officer who has experience in appealing these decisions while you still have time to sort it out.