Postponed 1 day before flying to UK re DLA

To the OP, providing you haven't 'okayed' or agreed to the postponement for the tribunal,then it maybe worth considering the following, as I have come across this type of situation before, albeit in a different 1st Tier Tribunal Chamber, but the rules are almost exactly the same for both chambers with regards to this type of situation:

It is worth looking at Article 29 of the following Statutory Instrument regarding the Social Entitlement Chamber:

2008 No. 2685 (L. 13).

TRIBUNALS AND INQUIRIES

The Tribunal Procedure (First-tier Tribunal) (Social Entitlement
Chamber) Rules 2008

available online here:

www.justice.gov.uk/downloads/guidance/co...es2008asat010411.pdf



Article 29:


Notice of hearings

29.—(1) The Tribunal must give each party entitled to attend a hearing reasonable notice of the time and place of the hearing (including any adjourned or postponed hearing) and any changes to
the time and place of the hearing.

(2) The period of notice under paragraph

(1) must be at least 14 days except that—

(a) in an asylum support case the Tribunal must give at least 1 day’s and not more than 5
days’ notice; and

(b) the Tribunal may give shorter notice—

(i) with the parties’ consent; or

(ii) in urgent or exceptional circumstances.


As can be seen, unless either the parties consented to the postponement, or there were 'urgent or exceptional circumstances' on the part of the Tribunal Service which caused the cancellation, then 14 days notice of the change should been given to the appellant.

Therefore it maybe worth asking the Tribunal Service (in writing) for what reason the postponement occurred. If the Tribunal Service cannot give a reason, or cannot demonstrate that the change was due to ''urgent or exceptional circumstances''then they are in breach of the Statutory Instrument.

In such cases, if the Tribunal Service does not give a satisfactory answer, it it possible (as has been done in another chamber) to argue that the appellant should be reimbursed the cost of the flights if they cannot be exchanged/reissued to new dates. as it was clearly the Tribunal Services fault that the Tribunal did not go ahead.

If you haven't already, it could be worth writing to the Tribunal Service at the office dealing with your claim, and asking for the reason the tribunal was postponed at short notice.

Depending on the answer, it depends whether or not you may have a claim for reimbursement of the cost of the flight tickets.

Regards

Pete

Thank you for the advise as I have not heard of article 29, but from what you have written it makes good sense. I just hate all this and it been going on for so long I just want it to be finalised one way or the other. I don´t think I have the strength or the will to fly to the UK for their next date. Do I have to go or can I change it to a paper hearing?

magpie wrote:

Thank you for the advise as I have not heard of article 29, but from what you have written it makes good sense. I just hate all this and it been going on for so long I just want it to be finalised one way or the other. I don´t think I have the strength or the will to fly to the UK for their next date. Do I have to go or can I change it to a paper hearing?

Hi Magpie

You wont have heard of article 29 but I feel you may be caught by In urgent or exceptional circumstances clause.

You may be able to change to a paper hearing, you could contact the tribunals service and request this. You will need to make your case out fully in written form and send it in. Paper hearings are much less successful than oral hearing, however, as you aren't there in person to answer questions.

Able to fly, may also go against you, but if you can only do this with help from another, or by taking strong painkillers you must stress this and how it affects you. You will be observed from the moment you enter the building and also when you leave. Whether you used the lift or stairs, how you sit and so on.

Whatever you decide, may I wish you luck and if you have any more general questions please let us know.

Kind regards

Michael