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.
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