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TOPIC: "set aside" vs adjournment

Re:"set aside" vs adjournment 6 years 1 month ago #67104

  • Nervy
Saying the appeal is allowed or disallowed is an odd way of putting it isn't it? If an appeal is allowed it sounds as if it’s allowed to go to the next stage before a final decision and vice versa.

I’ve looked a bit further down the decision notice and its more blankness, then a box with “Signed Tribunal Judge”

Is it possible to ask for a statement of reasons as well as to 'set aside'?
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Re: 6 years 1 month ago #67127

  • Gordon
  • Away
  • Posts: 31005
Nervy wrote:

Saying the appeal is allowed or disallowed is an odd way of putting it isn't it? If an appeal is allowed it sounds as if it’s allowed to go to the next stage before a final decision and vice versa.

I’ve looked a bit further down the decision notice and its more blankness, then a box with “Signed Tribunal Judge”

Is it possible to ask for a statement of reasons as well as to 'set aside'?

As I understand it from your previous posts, your reasons for requesting a Set Aside would be, that evidence you had submitted was not made available to the Tribunal when it reviewed your claim.

Do you know this to be a fact, because if you do not, you cannot request a Set Aside for this reason at this time.

Therefore, you really need to request a Statement of Reasons first in order to see whether the evidence in question was considered or not. Then you can submit a request to Set Aside the decision if it was not.

I also note from a previous post that your extra evidence only arrived at the Tribunal Service the day before the hearing, if this is the case the Tribunal can reject its inclusion, so even if you request a Set Aside it may still be turned down.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The topic has been locked.

Re: 6 years 1 month ago #67149

  • Nervy
Gordon wrote:

As I understand it from your previous posts, your reasons for requesting a Set Aside would be, that evidence you had submitted was not made available to the Tribunal when it reviewed your claim.

Do you know this to be a fact,

I don't know. I'm just reckoning.

because if you do not, you cannot request a Set Aside for this reason at this time.

Therefore, you really need to request a Statement of Reasons first in order to see whether the evidence in question was considered or not. Then you can submit a request to Set Aside the decision if it was not.

I also note from a previous post that your extra evidence only arrived at the Tribunal Service the day before the hearing, if this is the case the Tribunal can reject its inclusion, so even if you request a Set Aside it may still be turned down.

Gordon


So your saying that in my new letter I should not ask for a set aside just a statement of reasons.

No harm in saying that i later hope to request a set aside? and also that I sent it registered signed for and that it might have got to them a little late because of my mental health problems etc?
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Re: 6 years 1 month ago #67153

  • Gordon
  • Away
  • Posts: 31005
Nervy wrote:

So your saying that in my new letter I should not ask for a set aside just a statement of reasons.

I'm saying that to request a Set Aside because your evidence was not included you need to be able to provide evidence that it was not.

The only way you will acquire such evidence is to ask for the Statement of Reasons resulting from the hearing.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re: 6 years 1 month ago #67253

  • Nervy
The advice in the letter the TS sent to me doesn’t mention Statement Of Reasons in the Set Aside section! Just the 'appeal to upper tribunal' section!

Are the TS trying to put people off asking for a SOR when asking for a Set Aside?
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Re: 6 years 1 month ago #67257

You really need to seek face-to-face advice from a CAB or a WRO, as there are many unanswered questions following the outcome of your appeal which cannot be dealt with in an open forum.

What you are requesting is advice on the best way forward pertinent to your own circumstances, and as such this is beyond the remit of the forum. All we can offer is general information about how the system works.

We cannot however offer advice to individuals about a specific benefits problem under any circumstances. To give accurate and reliable advice about a specific benefits problem, we'd need to know a great deal more background information about your case. To give advice without this information would seriously risk misinforming you.

If you need specific benefits advice, you can download our FREE, 12 page guide to getting help with your benefits.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The topic has been locked.
Moderators: bro58GordonMrs Hurtyback