I'm probably being thick here, but I'm not clear what the following Commissioner's Direction means: "include the terms of the decision it is suggested the Commissionrer should give, if it is suggested the Commissioner should substitute his or her own decision for that of the tribunal".

This is a funeneral grant appeal supported by the tribunal chair.

Any ideas gratefully received.

If the Commissioner allows the appeal, he generally has two options:

1) if he is satisfied that the tribunal made sufficient findings of fact to make a proper decision, but simply apllied the law incorrectly, he can substitute his own decision- ie no need for a new hearing.

2) if there were insufficient findings of fact, set aside the tribunal's decision and order a new hearing.

So if you're satisfied that sufficient findings of fact were made by the tribunal - or the evidence before the Commissioner allows him to make the relevant findings - you can ask that he make a decision on the substantive appeal. He's asking if that is what you want and what the terms of the decision should be.

Thanks very much! Rightsnet is a brilliant resource.