Regulatiomn 35

traybell wrote: So if the S OF S know that reg 35 is going to be raised at FTT and they dont give evidence in their appeal response as to what type of WRA appellant will be required to do,and FTT have good reason to believe appellants mental health would be at risk if not in support group and therfore put them in support group,S of S cant complain afterwards?

Hi tb,

Yes,

However in reality The FTT may allow the S of S an extension/more time to provide the information.

Even if the FTT carried out the Hearing without the information, the appelant would still need to present a Realistic Argument for their entry to The SG via ESA Reg 35.

As with all FTT Decisions the DWP or the appellant can seek leave to appeal to The UTT.

However, this cannot be done just because either party do not agree with the decision. It can only be done if an "Error of Law" has occurred in the FTT coming to their decision.

bro58

So not having details of WRA is not in itself an Error Of Law ?

traybell wrote: So not having details of WRA is not in itself an Error Of Law ?

Hi tb,

It can only be decided whether an : Error of Law? has taken place once the FTT have issued : The Written Statement of Reasons at the request of The DWP or the appellant.

“Errors in Law” can include : Insufficient findings of fact, failure to explain why they have disregarded any evidence favourable to the appellant, failure to explain why they’ve relied on any material evidence against the appellant particularly where that evidence was put at issue by the appellant, complete mishandling of relevant evidence or applying the law incorrectly, etc.

I think you are rather getting ahead of yourself.

It cannot be decided whether or not an Error of Law has taken place until after The FTT decision !

bro58

Tribunal judge allowed 2 weeks for the DWP to reply in this case. We'll see!
Thanks for the info.