Attended our local Tribunal Users Group where one of the points being chewed was Reasons for set aside.

Colleague had asked for leave to appeal and the chair instead set aside. She then asked for reasons for set aside and was told can't have them!. Colleague spits and bites Appeal Service on leg and eventually gets reasons.

At the users group we asked why reasons were being refused to be told that because leave to appeal was reg 58 and that reg contained no provision for supply of reasons then you can't have them. The chair said reasons would only be supplied if the application was for set aside and not leave to appeal to the Commis.

Am I right that once a chair decides to treat a leave to appeal(Reg 58) as set aside then this can only be done through Reg 57 and reasons must then be supplied

Reg 57 as far I can see gives additional powers to set aside when a relevant documents gone astray or claimant etc has not turned up. However, I think if leave to appeal is requested and then it is decided that it should be set aside as there is a glaring error of law that is where the fun begins. This is because the re-determination is then done under s13 of the SS Act 1998. Usually the punter will be glad if the decision is set aside, but if the DWP is requesting it, then it appears that if the claimant is opposing it (naturally!) a brief reason should be given. It seems to me that this is so because the SofS has waived the right to be consulted (creates lots of work) for setting aside decision and is happy for the case to go back to a new tribunal. Finally, according to CIS/4533/01 it would be in breach of natural justice if a decision is set aside where that decision was in favour of the client, and he was not consulted about it.