First Tier Tribunals Powers

Hi all,

I am appealing a case to the FT from the DM on the basis of 0 points under Sch2. The DM states that Regs29 are also not satisfied.

I am looking for the act that gives the FT the power to change [increase/decrease/revise etc the LCWA points or the decision) from the DM.

I keep being drawn some way to s.12 of the Social Security Act 1998, which deals with appeals but nothing talks about the power to increase or decrease points specifically.

Should I be looking at the TS powers? (in terms of a setting aside or something).  s.12(1) of the Tribunal, Courts and Enforcement Act 2007 empowers the UT to set aside a decision of the FT on a point of law.

Help going round in circles.

Ta
Mik

hi mik

R(IB) 2/04 is the lead case on powers of tribunals - makes it clear that tribunal stands in shoes of decision maker and has the power to make any decision they could have made -

here’s a link -

http://www.osscsc.gov.uk/aspx/view.aspx?id=1262

Thanks Ros, just what I was looking for.