I assume the setting aside was for error of law (under Sec 13(2) SSA, rather than a set aside for administrative reasons under Reg 57 of D&A).
In these circumstances technically the Chairman (usually the District Chair)has in fact determined a request for leave to appeal to Commissioners by setting aside the decision him/herself. Reg 58(4) of D&A says that the determination of such an application needs to be recorded in writing by the Chairman and a copy sent to the parties.
In my experience a standard form is used for this and the Chairman records in a few sentences what they found to be the error of law in the decision. However, The Appeals Service often seem to fail to send a copy of this to the parties (rather they send out a standard letter which communicates the fact the decision has been set aside but not the short reasons given by the Chairman). I think that is unlawful given 58(4). It is annoying as the set-aside determination is added to the bundle of papers for the next tribunal and when you turn up you find you are without a copy.
Having said all that, a Clerk would usually be happy to send you a copy of the actual determination should you ask (you may wish to point out that it is a document related to the appeal etc).
However, once you obtain this then I do not think there is much that you can do. I would guess such a decision could be Judically Reviewed but doubt whether you would have much chance of that.
I think you will probably have to put up with the new tribunal.
-Martin
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