hi
i have a client that basically recieved a letter from us stating that when cl recieves appeals service enquiry form that he contact us so that we can fill form correctly with cl. Cl did not do this and sent TAS1 form to appeals service asking for a PAPER HEARING! which is not what we advise but as a result the appeal was heard without us knowing! My client hs now requested reasons prior to seeing me. If we cannot find a point of law can we still request setting aside? im sure u can but for some reason i have been feeling doubtful this morning...probably because i ahve lots to do. Please can someone get back to me on this if they know.
thanks

Were you the client's rep with the DWP before the appeal or were you named as reps on the TAS1 form, if so you may be able to have the decision set aside if you can give a clear argument that the client would have won the appeal if you repped the client,in the interest of justice.
Hope that makes sense................

Hi salma,

Not sure if this is relevant as its not clear from your posting what was the nature of the decision under appeal.


However, in CDLA/4184/2004 Commissioner Williams sets aside a decision, reached at a paper hearing, to remove the claimant's DLA award as -

'Regardless of the individual issues and merits of claims, it can never be right for a tribunal to consider reducing an existing entitlement to benefit without giving the claimant proper notice that this is being considered and offering the claimant a chance to be heard or to withdraw the appeal.

Accordingly, a tribunal cannot do this at a first paper hearing following the usual paper hearing procedures unless – unusually – the matter has been raised in the written submissions. There was nothing in the papers here, so the tribunal’s procedure was clearly unfair and the decision must be set aside.'