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Top Decision Making and Appeals topic #3637

Subject: "Upper Tribunal decisions" First topic | Last topic
toxteth
                              

families adviser, toxteth citizens advice bureau, liverpool
Member since
20th Jul 2006

Upper Tribunal decisions
Thu 12-Nov-09 06:17 PM

I ought to know where to look this up, but...
does anyone know if the Upper Tribunal can make the same range of decisions as the Social Security Commissioners could, including setting aside a first tier tribunal decision and substituting their own?

  

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Replies to this topic
RE: Upper Tribunal decisions, Kevin D, 13th Nov 2009, #1
RE: Upper Tribunal decisions, toxteth, 25th Nov 2009, #2

Kevin D
                              

Freelance HB & CTB Consultant/Trainer, Hertfordshire
Member since
20th Jan 2004

RE: Upper Tribunal decisions
Fri 13-Nov-09 08:59 AM

I haven't got time to cite the provision at this time, but it goes like this.

If a First-tier Tribunal ("FtT") hasn't made an error in law, the UT cannot interfere with the decision and cannot consider evidence that was not before the FtT.

If there has been an error IN LAW by the FtT, the UT can (in simple terms):

1) remit it back to FtT for a complete rehearing; or

2) remit it back to a LA (occasionally happens if the UT decides the LA hasn't made a decision); or

3) make its own decision, including the discretion to take into account evidence / argument that was not before the FtT.

All of the above is well established and, more importantly, covered by legislation.

  

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toxteth
                              

families adviser, toxteth citizens advice bureau, liverpool
Member since
20th Jul 2006

RE: Upper Tribunal decisions
Wed 25-Nov-09 08:46 PM

In other words, "Yes".

  

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Top Decision Making and Appeals topic #3637First topic | Last topic