Sorry but I need a reminder about where to find the details on how to ask TS to list when the JCP have seemingly ignored not just the appeal letter but several reminders.
T'would be much appreciated thanks

Sue

Thu 19-Apr-07 03:57 PM by past caring

Not sure about TS's specific procedures, or indeed whether they have any, but reg 33(8)(a) & (b) of the D&A regs is what places an obligation on the Department to forward appeals to a legally qualified panel member to determine their validity, should this be in doubt (ie it is not a matter for the Department itself to decide) and reg 38(2) of the same is that which empowers a legally qualified panel member to "give such directions or as he may consider necessary or desirable for the just, effective and efficient conduct of proceedings and may direct any party to the proceedings to provide such particulars or to produce such documents as may be reasonably required."

Basically, I just write attention of the District Chair, include evidence of the appeal having been validly made and any evidence of the efforts made to get the department to forward the case to TS. Then simply ask that the DC use their powers under the above regs to list and require the department to supply a sub.

You might also want to look at R (H) 1/07 - though a HB case, the question of a tribunal's jurisdiction was specifically decided - it can, itself, decide to list and does not require the appeal to have been forwarded by the DWP or local authority etc.

Summary available here:

http://www.rightsnet.org.uk/cgi-bin/sub_client/search.cgi?template1=briefcase/detail.htm&briefcase.ID_option=1&briefcase.ID=912145131545

Martin

Thanks very much all of you