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First Tier Judge quoted PIP Regs incorrectly
- kes
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6 years 3 months ago #203868 by kes
First Tier Judge quoted PIP Regs incorrectly was created by kes
Hello
Husbands statement of reasons read like a farce with the Judge actually writing “ the Tribunal decided that he would be able to carry out all those functions safely and unaided to an acceptable standard and in a reasonable time ” spot the error?
I asked for permission to appeal to the Upper Tribunal which was refused, District Judge said there were no errors !
I asked the Upper Tribunal permission to appeal, it was granted and the First Tier decision was set aside for “ failing to have regard to all relevant aspects of regulation 4(2A)” with directions to the new Tribunal relating to this.
We are waiting now for another Tribunal date, we are thinking May.
Might having to follow directions from the Upper Tribunal ensure that the new panel will treat the next appeal more fairly, we are hoping so as we have lost all faith in the system and to make things worse we are sure a P.O. will attend this time.
We would be extremely grateful for any advice or thoughts that anyone may have
thank you
kes
Husbands statement of reasons read like a farce with the Judge actually writing “ the Tribunal decided that he would be able to carry out all those functions safely and unaided to an acceptable standard and in a reasonable time ” spot the error?
I asked for permission to appeal to the Upper Tribunal which was refused, District Judge said there were no errors !
I asked the Upper Tribunal permission to appeal, it was granted and the First Tier decision was set aside for “ failing to have regard to all relevant aspects of regulation 4(2A)” with directions to the new Tribunal relating to this.
We are waiting now for another Tribunal date, we are thinking May.
Might having to follow directions from the Upper Tribunal ensure that the new panel will treat the next appeal more fairly, we are hoping so as we have lost all faith in the system and to make things worse we are sure a P.O. will attend this time.
We would be extremely grateful for any advice or thoughts that anyone may have
thank you
kes
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- Gordon
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6 years 3 months ago #203879 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic First Tier Judge quoted PIP Regs incorrectly
Kes
UTT Decisions are rarely as black and white as people think they are, obviously the judgement will explain the Decision in more detail but you need to treat it exactly as it is written.
So the phrase
"failing to have regard to all relevant aspects of regulation 4(2A)”
means exactly that and nothing more, so there is no suggestion that husband met the "reliability" criteria and the wrong Decision was made, or indeed that he didn't, it just means that the panel used the wrong (incomplete) criteria when they made their Decision. Had they not done this then it is perfectly possible that their Decision would have stood.
So you need to look at what you presented, before the hearing and during it about your husband reliably completing the PIP activities.
Gordon
UTT Decisions are rarely as black and white as people think they are, obviously the judgement will explain the Decision in more detail but you need to treat it exactly as it is written.
So the phrase
"failing to have regard to all relevant aspects of regulation 4(2A)”
means exactly that and nothing more, so there is no suggestion that husband met the "reliability" criteria and the wrong Decision was made, or indeed that he didn't, it just means that the panel used the wrong (incomplete) criteria when they made their Decision. Had they not done this then it is perfectly possible that their Decision would have stood.
So you need to look at what you presented, before the hearing and during it about your husband reliably completing the PIP activities.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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