mark perlic welfare rights service. welcome going to the commissioners - rules of engagement and...
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set aside
reg 57 ‘appears just’ on grounds: - document relating to proceedings - not sent or not
received by party to proceedings; or - party to the proceedings was not present (not if no
request for oral hearing)
s13 (leave to appeal) - ‘may set aside’ error of law/’shall set aside’ error of law and principal parties agree
reg 57 Social Security & Child Support (Decision and Appeals) Regulations 1999
s13 Social Security Act 1998
leave to appeal
tribunal chairman (full-time chairman)
granted - OSSC 1 form to Commissioners
refused - OSSC 1 form request leave from Commissioner directly
Commissioner grant or refuse leave
error of law - case law
R(A)1/72
R(I)14/75
CIS/3299/1997
R(Iran) - Court of Appeal(must be material error of law)
Error of law?1.decision contains a false proposition of
law
2.no evidence (direct/by reasonable inference) to support findings
3.facts found - no reasonable tribunal applying law correctly could not have reached same decision
4.tribunal took into account irrelevant matters or failed to take into account relevant matters
Error of law?5. breach rules of natural justice
6. breach of duty to act inquisitorially
7. breach of procedure
8. failure to give adequate reasons
leave to appeal because…
decision contains false proposition of law (why/where?)
tribunal held that assistance with walking not relevant – walking mobility need not bodily function need
decision contained false proposition of law because tribunal held walking not bodily function
R(Iran) - Court of Appeal (material error)
Commissioners appeal outcome:
Commissioner find no error of law
Commissioner find error of law set decision aside substitute own decision
Commissioner refer to new tribunal complete rehearing
OSSC1 - tips neat handwriting a good start state error of law + how it affected
outcome of case in question ‘my client’ vs Mr Smith (personal) PCA 15pts needed - blatant error but
only get to 10pts no error (material error)
150 million errors - list chief ones only less is more
OSSC1 - tips
find something different - ‘not same old rubbish’ - something that is ‘interesting/ stimulating’ something to ‘spark the imagination’
do not take Commissioners for a fool
how it works…
cases randomly divided up
100 per week per Commissioner (ave)
occasionally get case better suited to another Commissioner (due to expertise/ interest) then do swap
oral hearing discretion of Commissioner
either party can ask for an oral hearing
Commissioner may direct an oral hearing
oral hearing held anywhere
video conferencing possible
address Commissioner not other party
case law no rule of law that one Commissioner
bound by another (comity - courtesy/ considerate behaviour towards others)
first to get it - precedent would perpetuate error (conflict: Tribunal of Commissioners)
no certainty of law - development of law
get your free CD PowerPoint slides May 2006 - conference report November 2007 - conference report going to the Commissioners guide leave to appeal template example one example two
DLA/AA Case Law Pack
Derbyshire County Council, Welfare Rights Service - DLA/AA Case Law Pack
January 2008
Telephone: 01629 531531