Hi,

I am dealing with my first Upper Tier Tribunal Case and i am looking for some guidance.

Can anybody give me a definitive meaning of a 'decision without reasons'? I need to clarify what this is and the implications for the client.

Also, is anybody aware of any case law that shows that the Pension Service can disregard capital earmarked for the purchase of a new property for more than 52 weeks? My client sold her home whilst out of the UK and returned to the UK 1 year later. The Pensions Service are refusing to allow any additional disregard.

Any help would be greatly appreciated

Where are you lifting the phrase 'decision without reasons' from?

it is written on the decision notice from the Upper Tier Judge allowing us permission to appeal.

Does this mean that the UT Tribunal judge is saying that the FT Tribunal did not give reasons? Unlikely, because in those circs you would expect it to have been simply set aside. Does it simply mean that he does not intend to give reasons for giving leave to appeal? That's unusual, but he may feel that they would be very closely linked with the likely out come and would prejudice it. Or does he feel that there are good reasons for NOT giving reasons (doesn't want to hurt anybody's feelings or something?) No idea!

Usually a UTJ will ask whether the parties object to a decision without reasons, i.e. where both parties accept that the FTT decision is erroneous.

It is simply that, a short "remitted back...a couple of sentences as to why" as opposed to the lengthy decisions we see posted in the briefcase.

As to the period the capital can be disregarded, sched 5 para 19 SPC regs seems pretty definitive that capital in those circumstance can be disregarded for 1 year, period. Page 1236 of the 08/9 MTB legislation confers... I can't put my hand on the 09/10 at the minute...