Is it possible to seek a set-aside of a tribunal's decision when an application for leave has been refused?
The client had a DLA appeal heard on the papers because she thought she'd have to travel to Birmingham (a very common misunderstanding caused by the TAS1). The tribunal upheld the decision on 15/08/08 - correctly in my view given the info available - and client sought reasons.
She completed an application to set aside the tribunal's decision, which I haven't seen, but the upper tribunal refused leave almost a month ago.
Is it still possible to seek a set-aside of the tribunals decision?
Another complicating factor is that the original decision was a renewal claim for a child around the 1st birthday and was made almost a year ago. The child is now two and, as we all know, a child of that age has considerably changing needs in the course of a year which means that evidence gathering will be challenging to say the least.
Even if it is possible to seek a set-aside at this late stage, we're minded to advise client to pursue a new claim since the grounds for an award are weak anyway and, as described, it would be difficult to find appropriate evidence. The medical evidence in the bundle from a surgeon was generally positve. Information about the condition generally (heart condition requiring lifetime pacemaker - rare in children) indicates that it is not likely to lead to any considerable needs post recovery.
Does anyone have any thoughts/knowledge on any of these issues/
Thanks,
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