Withdrawing a Set Aside Request

I have a clt who was awarded LCW at appeal.  Clt has the option to have this decision set aside, but cannot quite decide what to do.  Clt is aware that by making this request her original appeal will be wiped out however, her query is if she feels that she is no longer able to go through another appeal hearing and asks to withdraw her request for a set aside, which decision will then stand, the original DWP decision that she is fit for work or the original appeal hearing. 

If anyone could help with this it would be much appreciated.  Thanks, Louise

If the FtT decision is set aside, it is just as though it were never made. The DWP decision operates until a new FtT decision is made. If the appeal were subsequently withdrawn, then the DWP decision would stand. You can’t ‘bank’ the first FtT decision.

Thank you, yes clt is aware she can’t keep best option, and I feel I might be answering my own question as I write this, but if she makes the request to withdraw the set aside before this has been granted, then does the original FtT decision stand.

If she has requested set aside, then I suppose it would be open to her to say - before it is decided - that she wants to withdraw that application.

I think the judge would need to decide whether they went along with that. If the decision involved a serious irregularity, then I guess the tribunal could still set the decision aside anyway of its own motion.

Once the decisions made to set it aside, then its too late.

I think a more pragmatic approach would be to advise your client: If she changes her mind she can ask the new appeal to be decided on the papers. I suppose you could even request the SOR and submit that for the new (paper) hearing - a new tribunal would have to give grounds for why they deviate from that decision to make a lower award.

Thank you guys.  Unfortunately, FtT are unable to provide a SoR or RoP which will be the grounds for our request to set aside.

Remember that the point of the SOR would presumably be to look at a UT appeal. And the point of the UT appeal is typically to get the decision set aside.

I think it is really for the client to choose now whether she wants to stick or twist. The idea of requesting a set aside and then later withdrawing that request in the hopes that this reaches the FtT before a decision is made isn’t something she can rely on.