Upper Tribunal (Administrative Appeals Chamber)

RR v Secretary of State for Work and Pensions (ESA) (Tribunal procedure and practice - set aside applications) [2017] UKUT 403 (AAC) (9 October 2017)

ESA appeal. Appellant succeeded in part-found to have limited capability for work. In preparing statement of reasons judge realised that tribunal had fallen into error in failing to consider schedule 3/regulation 35 which had been contended for. District Tribunal Judge considering the judge's representations set the decision aside under rule 37. Held: that he had no jurisdiction to do so because such a procedural step must be founded on a party's written application, and a request for a statement of reasons cannot be treated as such an application (applying DC-v-Secretary of State for Work and Pensions [2015] UKUT 150 (AAC). A second decision was reached at a hearing following the set aside, which confirmed the original Secretary of State refusal to award ESA. That was made without jurisdiction, following the invalid set aside and the legal position reverted to the now extant first decision, and the statement of reasons made in respect of that decision.

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