Thanks to earlier advice from rightsnetters I advised one of my callers to ask the Tribunal to set aside a decision not to grant her son DLA - on the grounds that she had been waiting an eternity for the statement of reasons.
Caller says that the Tribunal is now considering her request but that the Tribunal is asking DLA what they think about it. Is it usual for DLA to get a say in these circumstances? Is this a fairly discretionary area?
WRO, Appeals Section, Glasgow City Council Member since 14th May 2004
RE: Setting aside Tribunal decision Thu 16-Jun-05 07:55 AM
Regulation 57(4) of the Decisions & Appeals Regs 1999:
"Where an application to set aside a decision is entertained under paragraph (1), every party to the proceedings shall be sent a copy of the application and shall be afforded a reasonable opportunity of making representations on it before the application is determined."
I'm afraid it's standard procedure though in Glasgow the DWP are usually pretty reasonable about set aside applications.