Hi all,

I have a client who had her tribunal heard and lost on 4th Nov 2003. Her rep at the time made a setting aside application on 19th Nov 2003, but didn't apply for Reasons for Decision. A decision not to set aside was made on 26th january 2004. Is it too late to apply for the Reasons now?

I'm hoping I get another month to apply after the decision on the setting aside application, but there's also a three month absolute limit, that I'm outside of. Any ideas?

Dear Big Lee,

Under Reg 54(13)(b) of the Decisions and Appeals Regs, if setting aside is refused you have a further month in which to apply for a written statement of reasons. The only exception to this is where the decision not to set aside because of a refusal to extend the time limit for applying.
P.S The above info can be found in the "When can a decision be set aside on procedural grounds?" section of rightsnet's new
"After the Hearing" Q&A:
http://www.rightsnet.org.uk/cgi-bin/publisher/search.cgi?dir=qandas&template=listtemp.htm&page_option=1&page=ath-3a
For full details of all 5 of rightsnet's new Challenging DWP Decisions Q&A's just click here:
http://www.rightsnet.org.uk/cgi-bin/publisher/display.cgi?1257-9103-14999+qandas

Cheers Ken,

Thats what I had thought, but someone had mentioned a three month absolute time limit, and I would have been outside that. But, having looked further into it, the 3 month absolute limit seems to apply if you fail to request the written statement within a month, then you need to apply late and show special circumstances.

Thanks for the help

Lee