How to correct omission in First Tier Decision

Hallo,
I need some urgent assistance;

ESA appeal - Tribunal granted the appeal on the basis of reg 29(2)(b) -although in the hearing they mentioned the Support Group, this was not mentioned in the subsequent decision notice. Therefore I sought clarification if a decision had been made as to Support or WRAG and/or any determination under reg 35(2) depending on the answer to the first point.

Now (6months later- yes it really did take that long!) new Statement of reasons admits the error-

thus at para 5..“However the Decision Notice does not make it clear whether as a consequence of finding [under r29(2)(b)] to qualify for ESA as a memeber of the support group or whether any determination was made as to whether the appellant had ltd capability for work related activity under part 6 ESA reg 2008.”

para6. “Unfortunately this is an error of law as the Decision Notice should have made it clear. It would seem that the Tribunal did not address itself to this question of law when it clearly ought to have done so.”

para7 “In the circs. and having identified the error of law either party is invited to make an application to have the decision set aside.”

What do I do next - ideally I would like the case re-opened (remitted back to a first tier tribunal) to consider the support/wrag group.

Appeal to UT?
Set aside (but this will surrely re-open the whole case- leaving the possibility of the appeal itself failing and ESA not being awarded?)
Can I set aside purely on the basis of considering the support group issue?

if I appeal to UT they do have the overriding power to decide facts which ought to have been decided (although they do often still remit to FTT ) -this seems to me the best way forward - I coule appeal on the basis of error of law not to decide support group and not ask for total reopening of the case.
someone suggested asking for Directions from Trib Judge- but in view of the 6 mths to respond intially (at which time the Tribunal may have actually remembered the case and just amended/added to the Decison Notice!) but this might take too long - I only have a week of time left.

Suggestions please and wording for Appeal/set aside Notice much appreciated.
Thanks
Lid26

I don’t think it is an omission in the decision. Did your case at the tribunal ask for the tribunal to consider a particular schedule 3 descriptor? Reg 29 will place the client in the WRA group. Were any schedule 2 descriptors satified and points awarded? or was it zero points. It it was zero then I can’t see how one of the schedule 3 descriptors could be satisfied.

If you appeal to the UT and they set aside the FTT decision and direct that it is reheard the client will be back on the assessment rate while they wait for their FTT to be reheard. 

Victor