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Top Decision Making and Appeals topic #3827

Subject: "Can a set-aside be set-aside?" First topic | Last topic
Rosessdc
                              

Welfare Benefits Advisor, South Somerset District Council
Member since
24th Jul 2007

Can a set-aside be set-aside?
Tue 09-Feb-10 11:33 AM

Had a tribunal some time ago which was unsuccessful. Requested sor, but apparently rop went missing, so the decision was set-aside. After waiting several months for re-listing chased it up and was told that set-aside had been set-aside as rop turned up. Didn't receive copies at the time, but these have now been sent to me and am considering ut appeal.
Question is - is it legal to re-instate a decision once it has been set-aside?

  

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Dan_manville
                              

Caseworker, Birmingham Tribunal Unit
Member since
08th Jun 2004

RE: Can a set-aside be set-aside?
Thu 18-Feb-10 12:10 PM

A decision to set aside can be reviewed or appealed against in the usual way so, yes it's probably legal.

Whether it's lawful is a different kettle of fish. I've been itching to get a lost file case (or lost R'o'P) to the UT. We've seen too many cases where the ASC have lost files and I've seen two where the decision was set aside and re-heard.

Conveniently when I suggested that a certain case be referred to the UT for consideration of the art 6 implications of setting a decision aside because the file was lost they found the file, or so it would seem... I can still smell something ratty going on as despite it's apparent arrival I have recived no notification at all, nor the SOR

  

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Top Decision Making and Appeals topic #3827First topic | Last topic