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I asked for a SOR but refused set aside instead!

  • Nervy
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12 years 6 months ago #69814 by Nervy
I requested a statement of reasons from the tribunal service.

Then I got a letter from them. It said I had applied for a set aside and the judge had refused a set aside.

In first tier tribunals you have a right to a statement of reasons *before* applying for a set aside right?

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12 years 6 months ago #69817 by Gordon
Nervy wrote:

I requested a statement of reasons from the tribunal service.

Then I got a letter from them. It said I had applied for a set aside and the judge had refused a set aside.

In first tier tribunals you have a right to a statement of reasons *before* applying for a set aside right?

I guess the obvious question is, did you apply for a set aside at the same time as you requested the Statement of Reasons?

Gordon

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12 years 6 months ago #69819 by Crazydiamond
Replied by Crazydiamond on topic Re:I asked for a SOR but refused set aside instead!
Nervy wrote:

I requested a statement of reasons from the tribunal service.

Then I got a letter from them. It said I had applied for a set aside and the judge had refused a set aside.

In first tier tribunals you have a right to a statement of reasons *before* applying for a set aside right?


You don't necessarily require a full statement of reasons to request that a decision is set aside, primarily for procedural reasons.

You will however need the SOR if you are considering an appeal to the UT?

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  • Nervy
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12 years 6 months ago #69947 by Nervy
Here's the first two paragraphs of the letter i sent to them a few weeks ago:

I wish to request a statement of reasons from the tribunal.

Later I wish the tribunal to reconsider the decision in a set aside since the decision notice doesn’t acknowledge the new evidence sent to you. It was registered signed for and arrived on Monday August 8th at Liverpool Tribunal Service – the day before the hearing. I want to know in the statement of reasons if this new evidence was considered and if they knew I requested a paper hearing.

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12 years 6 months ago #69948 by Crazydiamond
Replied by Crazydiamond on topic Re:I asked for a SOR but refused set aside instead!
You need to bear in mind that forums like this can never provide advice to individual claimants about their specific circumstances, all we can offer is general information about how the system works. This is because there are huge range of factors which could affect your eligibility, and it’s not possible or advisable for you to disclose that information on a public forum.

We understand that this can be frustrating and that it’s sometimes a question of judgement about the degree to which a question is specific to your claim or more general in nature. However, both for moderators and for you it is important that we do our best to stick to giving information rather than advice.

For advice about a specific problem you need to contact an advice agency if at all possible. To find details of an advice agency please see the following:

How can I get individual help with a specific benefits problem?

Sorry we cannot answer more directly but without access to your case papers etc we cannot answer personal benefit enquiries/problems. However, please read the guides in the members’ area which may help answer some of your queries.

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  • Nervy
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12 years 6 months ago #70112 by Nervy
Replied by Nervy on topic procedural irregularity Rule 32(2)
I've got an appointment with an advisor on Monday.

I thought when the letter said "I enclose a copy of the decision" I thought it meant a copy of the decision I got from the tribunal in August where it said the appeal is disallowed (so i didn't bother to get round to looking at it - till now).

But infact it meant a copy of Septembers letter in the form of a decision notice where it says "The tribunal decision is not set aside"

But also the decision notice it says something for me to go on - it also says "This is because none of the conditions set out in Rule 37(2) is satisfied. There was no procedural irregularity"

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