Upper Tribunal (Administrative Appeals Chamber)

THE UPPER TRIBUNAL Appeal No. CE 2665 2013 

ADMINISTRATIVE APPEALS CHAMBER

BB v Secretary of State for Work and Pensions (ESA)

DECISION

The appeal is allowed.

For the reasons below, the decision of the First-tier tribunal is set aside.

I refer the appeal to a new tribunal to decide the appeal again in accordance with the directions set out at the end of this decision.

REASONS FOR DECISION

1 The claimant and appellant is appealing against a decision of the First-tier Tribunal sitting at Stockport on 21 03 2013 under reference SC 944 12 04771.

2 The parties have agreed that I set aside the decision of the tribunal, and refer it for rehearing, for the reasons given when I granted permission to appeal. These are:

“The key issue is whether the Tribunal (or, rather, Her Majesty's Courts and Tribunals Service) provided the appellant’s representatives with the relevant papers about the appeal. The evidence now before me is that the appellant appointed Derbyshire Welfare Rights to act as her representatives, and that HMCTS was notified of this. Once notification is received rule 11 of the Tribunal Procedure (First-tier Tribunal)(Social Entitlement Chamber) Rules 2008 operates. Rule 11(6) provides that all relevant documents must be given to the representative once due notice is received. I accept from the representative without further investigation that there was a failure to comply with rule 11(6) as I consider it disproportionate to conduct a full inquiry into the matter when these points are submitted by responsible and experienced representatives. The First-tier Tribunal hearing the case was not aware of the failure to comply with this rule. I am. There are plainly grounds for setting aside the First-tier Tribunal decision on this issue, as it is plainly in the interests of justice that the obligations in that rule are met in a case such as this.”

Directions for new hearing

A The new hearing will be at an oral hearing.

B The new tribunal should not involve any judge or other member who has previously been a member of a tribunal involved in this appeal.

C The appellant is reminded that the tribunal can only deal with the appeal as at the date of the original decision under appeal.

D If the appellant has any further written evidence to put before the tribunal, this should be sent to the tribunal within one month of the issue of this decision.

These directions are subject to any later direction by a tribunal judge.

David Williams

Upper Tribunal Judge

5 02 2014

[Signed on the original on the date stated]