Scottish Tribunals

a client who lodged his own appeal has been in touch with me.

he sent me what he has for his appeal and it looks like he has been sent copies of the decisions and not a lot else resembling the standard bundle for other benefits.

he is adamant this is all he has received.

is this what others are seeing?

Yes…....no forms, no decision makers notes, just a brief outline of decision.

I’m currently dealing with my first ADP appeal.  The appellant was initially awarded ADP but without getting advice asked for a re-determination because he thought (wrongly) that it should have been back-dated.  This resulted in a new decision that he was not entitled at all. 
I’ve received the appeal response and am still none the wiser as to why they changed the initial decision.  No new evidence had been sought or obtained and the response contains no argument whatsoever, not even to the extent that they simply took a different view of the evidence submitted with the original claim.

I also received the default video / telephone hearing letter.  I requested an oral hearing as my client lives out in the sticks and only has very slow and unreliable satellite broadband and has to stand outside to get a phone signal.
 
This was put to a tribunal convener who has now ordered an oral hearing, to take an entire morning or afternoon session.

Can I ask, did your service user apply for a short term award and did they receive it?

lost in Granite - 09 January 2024 10:23 AM

Can I ask, did your service user apply for a short term award and did they receive it?

My client did not apply for one.

It is your clients right not to apply ,but can i ask Why?

I am interested in STA as a subject.

lost in Granite - 15 January 2024 11:25 AM

It is your clients right not to apply ,but can i ask Why?

I am interested in STA as a subject.

Are you aware of the possible issues with it?

https://cpag.org.uk/news-blogs/news-listings/jam-today-financial-impact-claiming-short-term-assistance-scotland

seand - 15 January 2024 01:58 PM

lost in Granite - 15 January 2024 11:25 AM

It is your clients right not to apply ,but can i ask Why?

I am interested in STA as a subject.

Are you aware of the possible issues with it?

https://cpag.org.uk/news-blogs/news-listings/jam-today-financial-impact-claiming-short-term-assistance-scotland

That’s a really nasty trap.

Elliot Kent - 15 January 2024 03:15 PM

seand - 15 January 2024 01:58 PM

lost in Granite - 15 January 2024 11:25 AM

It is your clients right not to apply ,but can i ask Why?

I am interested in STA as a subject.

Are you aware of the possible issues with it?

https://cpag.org.uk/news-blogs/news-listings/jam-today-financial-impact-claiming-short-term-assistance-scotland

That’s a really nasty trap.

With an easy and uncontroversial fix as well: amend the mainstream benefit regs to say that, for the purpose of any spin-off passported entitlements, carers’ benefits etc, a person who would have been entitled to ADP if they were not entitled to STA should be treated as if they were entitled to ADP.  Would need to be done in arrears following the successful revision/appeal, but that’s how it’s always worked in E&W anyway

HB Anorak - 16 January 2024 09:35 AM

With an easy and uncontroversial fix as well: amend the mainstream benefit regs to say that, for the purpose of any spin-off passported entitlements, carers’ benefits etc, a person who would have been entitled to ADP if they were not entitled to STA should be treated as if they were entitled to ADP.  Would need to be done in arrears following the successful revision/appeal, but that’s how it’s always worked in E&W anyway

or pay STA at 95% of the ADP rate so that some ADP can be awarded later

To be honest i was not aware, but it is good that I know now..  I need to think about this, but it something I need to share with my colleagues, urgently.

I’ve had a couple of ADP appeals with little success, i far prefer F2F hearings whereby the Tribunal can see my client and any physical or mental disabilities they may have, that’s if the client agrees. I’ve requested SOR’s for both and i’m still waiting! I find little difference between Tribunal Scotland and HMCTS telephone hearings.

It’s strangely odd that at least with PIP health care assessment reports you had something to argue!! as mentioned earlier SSS appeal packs can be quite vague.

What i’m finding now is that re-determinations are mostly now taking longer than 56 days and clients are not receiving the ‘how to appeal’ letter.

After trying to simply trying to ask for a face to face hearing for our ADP appeal and getting the same stock reply stating all appeals default to telephone I wrote this as a reason.;
To:sscadmin@scotcourtstribunals.gov.uk
Cc:
Fri 05/01/2024 14:38
Re:
We request a face to face hearing as this will help us to present our evidence/case in the best way available to us. We feel that to refuse our request for a face to face hearing would breach our Article 6 (ECHR) right to a fair hearing.
yours

Today I got a reply; (attached)

They don’t seem to understand the my client needs an in person hearing as he sounds quite well on the phone but exhibits his anxiety in stressful situations which would support his case. There may be other reasons for the Scottish Chamber refusing to arrange a FTF i.e. they don’t have any suitable premises?

‘To satisfy the requirements for exceptional circumstances for an in-person hearing, clear evidence of exceptional circumstances supported by additional evidence such as medical evidence is likely to be required’.

But were not telling you what exceptional circumstances are!!

I was often told by HMCTS Tribunal Judges and GP members that actually seeing a client helped them in their decision making and i don’t mean via video link!

What is the authority for the statement that “An in-person hearing can only take place if there are exceptional circumstances”?

An authority yet to be tested I would say but they on shoogly peg!