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There possible to get extra time before contacting Upper Tribunal?

rbzrbz Member Posts: 96 Courageous
edited March 2020 in PIP, DLA and AA
Recently received Statement of reasons, where stated I have 1 month for further actions.
Found that during hearing panel members used document handed by Representative from local Citizens Advice Bureau, but I not see content.
Some time ago I contacted TAS and asked supply copies of all documents handed in during hearing, and I received only copy of documents which I handed in during hearing, but not received other documents handed by other party.
Yesterday I again requested missing documents (contacted by email).

Can I ask extra 1 month (from date when TAS send me all missing documents) time before contacting Upper Tribunal?

Replies

  • janer1967janer1967 Member Posts: 9,204 Disability Gamechanger
    @rbz Sorry I don't know the answer to your question but I am sure there will be somebody who can advise
  • mikehughescqmikehughescq Member Posts: 5,987 Disability Gamechanger
    If you had a CA rep then why are they not leading on an appeal to the UT?

    If this was a PIP appeal then why would the other party (DWP?) be handing in anything on the day? That’s exceptionally rare and would normally result in a clerk immediately asking if you had copies; being told by a judge to go copy them for you and then asking if you and rep would like an adjournment on order to consider what would presumably be new evidence. To come away from an appeal hearing at which you were represented without a copy of extra documents submitted by DWP doesn’t sound like a credible sequence of events to me at all. Any failure to allow you to consider those documents on the day would be a clear breach of natural justice i.e. an error of law that would be arguable right now without seeing those documents. 

    In any event all of the above may not matter at all and you are very unlikely to get an extension of time. This is because you identify errors of law from the statement of reasons and you already have that.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    rbz,
    I agree with Mike that this all sounds very odd. To answer your question directly though, you can still apply for permission to appeal and see what happens - the tribunal can extend the time limit (or may not need to if you are still within the month, which I'm not sure about from your question). If you are late in making your request, you could try to argue that you didn't realise there was an error of law until recently, though as Mike says that doesn't seem very strong, if you already knew that there were documents you hadn't seen....

    In any case, if you are going to do this, I think you need to act now (ie not wait for the documents). Your error of law, as Mike says, is that there were documents you didn't get to see on the day (and which were not supplied to you beforehand).

    If the first tier tribunal decide not to extend the time limit, you will not have permission to appeal. You could then apply directly for permission to the upper tribunal; they can only allow your application if they consider it is in the interests of justice to do so.

    I'd also echo Mike's question about whether, if you had a Citizens Advice rep, they are supporting you in the UT appeal? Another thing to consider, if the rep handed the panel a document you had not seen, is to complain to the CitA office.

    I'm also confused because you say you have seen copies of everything you handed in, but not those handed in by the DWP (the other party). This would be a clear breach and very unusual - the clerk normally checks that you have seen everything. Secondly, was the document handed in by the CitA rep one of your documents (which you hadn't seen on the day, but have since been supplied with), or something from the other party? In either case, it would be very odd if a rep had not discussed with you everything they intended to submit, even on the day, so it may be worth a complaint to the Citizens Advice bureau concerned.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
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