If you have not used this pack before please go to the introduction first. There is no equivalent rule in the Social Security Commissioners (Procedure) Regulations 1999 (these have now been replaced by the (Tribunal Procedure (Upper Tribunal) Rules 2008 - SI 2008/2698)so following R(S)7/56, R(I) 2/83, R(I)2/83, R(SB)25/84), R(SB) 8/88 and R(IS) 6/01 the case is abated and does not proceed. breaches of natural justice CDLA/5574/2002 states that a commissioner does not require statements from tribunal members when deciding breaches of natural justice. commissioner's directions In CSDLA/101/2000, following reg 22(2) Commissioner’s Procedures Regs 1987 (now revoked and replaced by reg 28(2) Commissioner’s Procedures Regs 1999) a tribunal cannot rely on directions made by a commissioner under reg 22(2) which do not contain reasons since there is insufficient explanation for the conclusion the commissioner made. Reg 28(2) Commissioner’s Procedures Regs 1999 has now been replaced by regulation 40 of the Tribunal Procedure (Upper Tribunal) Rules 2008.A FULLER SUMMARY OF EACH DECISION IS USUALLY AVAILABLE BY SEARCHING FOR THE DECISION NUMBER ON THIS WEBSITE. absence of record of tribunal proceedings CDLA/1389/1997* (74/98) states that the absence of a record of tribunal proceedings is itself an error of law if a commissioner needs them in order to decide if there was an error of law in the actual proceedings. commissioner's jurisdiction - Section 13(3) Social Security Act 1998 where there are separate submissions CIB/2949/2005 states that section 13(3) compels the tribunal chairman to set aside a decision where "each of the principal parties to the case expresses the view that the decision was erroneous in point of law". Thereafter, abbreviations for the parties and benefit can be used, eg KS v SSWP (JSA). The first time the decision is referred to it should be cited in full. You may also wish to download the other digests of case law on our website at When an appeal is first lodged with the Upper Tribunal in England and Wales it is given a reference number in the form CDLA/234/2010, where: ‘C' indicates the decision is unreported; the initials following indicate the benefit claimed (in this case disability living allowance); the first set of numbers is a specific reference for the case and 2010 is the year that the appeal was lodged. Should you need to get hold of a copy of any of the decisions described in this pack please see our Factsheet F19 - finding the law.
Since 3 November 2008 social security, tax credits and war pensions commissioners' decisions are known as decisions of the Upper Tribunal (Administrative Appeals Chamber). The decision will keep this reference unless it is published on the Tribunals Service website or is reported.
This was true in this case but each of the parties made separate submissions and by the time the second was received the matter was before the commissioner.
Under section 14(7) the commissioner could have set aside the decision but because one submission was earlier opted to use section 14(8) which allowed him to substitute his own decision.
If you wish to find a particular decision on our website you can use our search facility. abatement of appeal where claimant deceased In CH/3631/2006 the claimant died after his appeal had been heard and the local authority sought to take the appeal to commissioners.
This page is best viewed in our alternative colour or print mode. Regulation 21 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 allows a relevant authority to appoint someone to lodge an appeal in the place of the deceased but regulation 1(2) of the same regulations states that "appeal" means an appeal to an appeal tribunal not to a commissioner.
The judge reluctantly concedes that the claimant cannot be prevented from applying for a supersession, which can lead to an appeal to the upper tribunal. rehearing CS/1753/2000* (23/01) says that it is undesirable for a chair of a tribunal whose decision has been set aside to consider an application for leave to appeal against the decision of the tribunal who reheard this set aside appeal.