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Tribunal - deadline for requesting set aside & statement of reasons
- Egrion
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1 year 3 months ago #282507 by Egrion
Tribunal - deadline for requesting set aside & statement of reasons was created by Egrion
I have had a tribunal where I believe that there may have been a procedural issue (Judge stated they did not have the documents they required for the hearing, or enough time for the hearing, but they would not postpone, but proceed by dealing with what they have and then arrange another hearing if the first hearing is successful - it was not).
So I believe a set-aside request is appropriate (wording of which is not the topic of this query). I also know that to consider further appeal, a request for a statement of reasons is required. Of course if the set-aside is accepted, the reasons are not required, only if set-aside is refused, but the requests both have specific deadlines....
In the The Tribunal Procedure (First-Tier Tribunal) (Social Entitlement Chamber) Rules :
(37.—(3)) states a set-aside request must be
Note the difference between "sent notice of the decision" & "a decision notice relating to the decision.".
In my view the wording is that a set-aside request deadline is strict, but the statement of reasons request deadline is accommodating of possible requests that may be made (corrections, set aside etc.).
If a set-aside request is refused, then I believe the notice of this would be "a decision notice relating to the decision", therefore my understanding is there would be one month to request a statement of reasons after a set-aside refusal.
Is this correct, or misunderstood?
Thus my understanding is also that it would not be possible to first request a statement of reasons and then upon receipt, make a set-aside request, unless the the reasons came within 1 month of original decision (unlikely) and then the reasons request was made within that first month deadline.
I am also noting that requests for a statement of reasons "disposes of all issues in the proceedings", therefore I am not sure if sending a statement of reasons request before, together or after a set-aside request, before receiving the response, will nullify the set-aside request.
Any views on this would be much appreciated, as I believe it is worth sending a set-aside request, but would not wish to misunderstand the rules so the statement of reasons deadline is missed.
So I believe a set-aside request is appropriate (wording of which is not the topic of this query). I also know that to consider further appeal, a request for a statement of reasons is required. Of course if the set-aside is accepted, the reasons are not required, only if set-aside is refused, but the requests both have specific deadlines....
In the The Tribunal Procedure (First-Tier Tribunal) (Social Entitlement Chamber) Rules :
(37.—(3)) states a set-aside request must be
(34.—(4)) states a statement of reasons requestreceived no later than 1 month after the date on which the Tribunal sent notice of the decision to the party
must be received within 1 month of the date on which the Tribunal sent or otherwise provided to the party a decision notice relating to the decision.
Note the difference between "sent notice of the decision" & "a decision notice relating to the decision.".
In my view the wording is that a set-aside request deadline is strict, but the statement of reasons request deadline is accommodating of possible requests that may be made (corrections, set aside etc.).
If a set-aside request is refused, then I believe the notice of this would be "a decision notice relating to the decision", therefore my understanding is there would be one month to request a statement of reasons after a set-aside refusal.
Is this correct, or misunderstood?
Thus my understanding is also that it would not be possible to first request a statement of reasons and then upon receipt, make a set-aside request, unless the the reasons came within 1 month of original decision (unlikely) and then the reasons request was made within that first month deadline.
I am also noting that requests for a statement of reasons "disposes of all issues in the proceedings", therefore I am not sure if sending a statement of reasons request before, together or after a set-aside request, before receiving the response, will nullify the set-aside request.
Any views on this would be much appreciated, as I believe it is worth sending a set-aside request, but would not wish to misunderstand the rules so the statement of reasons deadline is missed.
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- Gordon
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1 year 3 months ago #282527 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Tribunal - deadline for requesting set aside & statement of reasons
E
I don't know why the wording is different but as far as I know for both it is the date of the hearing if the Decision Notice is provided at that time or the date of the Decision Letter if notice is not provided on the day.
Gordon
I don't know why the wording is different but as far as I know for both it is the date of the hearing if the Decision Notice is provided at that time or the date of the Decision Letter if notice is not provided on the day.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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