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Top Disability related benefits topic #1870

Subject: "Setting aside Tribunal decision" First topic | Last topic
michelle bowler
                              

advice worker, one parent families, london
Member since
04th May 2005

Setting aside Tribunal decision
Wed 15-Jun-05 03:58 PM

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?

Thanks in advance for any tips, Michelle

  

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david fernie
                              

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.

David

  

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Top Disability related benefits topic #1870First topic | Last topic