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Late application to set aside
Is it possible to set aside FtT decision, out of time on the Ground where the decision Notice was not properly notified because the FtT failed to include the information on the rights to ask for the written reasons for decision and secondly, where FtT failed to give information on the rights of appeal.
Thanks
Thanks
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Hopefully some of our ESA savvy members can help answer your question
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There is some very interesting information here:
https://commonslibrary.parliament.uk/appealing-benefits-decisions-beyond-the-first-tier-tribunal/
Good luck
Andrea
Scope
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Thanks for asking. I am yet to receive a clear cut advice I need.
”(2) The conditions are—
The failure to include the notice on the right to ask for an SOR and ROP relates to a document issued after the proceedings. At best a) could be argued but it’s more than a stretch. The intent of the rule is to allow a quick remedy (a set aside) where something was missing which might plainly have impacted the proceedings. A document you get about what you might do after an appeal cannot impact an appeal that’s already been decided.
So, on the one hand under 33(2)(b) and (c) a tribunal must notify of those rights. On the other there is no sanction if they don’t. Set aside is again not the sanction because the inclusion of the documents would not have affected the proceedings themselves. Those have been done and dusted.