Mark PerlicWelfare Rights Service

WelcomeGoing to the Commissioners - rules of engagement and good

practice

Making appeals work …

Appeals Conference (June 2006)

Event for representatives (November 2007)

appealing to Commissioners

What is the one thingyou need to make an appeal to

the Commissioners?

balls

conviction

OSSC1

full statement of reasons

error of law

leave to appeal

error of law---------------------------

leave to appeal

tribunal’s decision(+ record of proceedings)

set aside

reg 57 ‘appears just’ on grounds: - document relating to proceedings - not sent or not

received by party to proceedings; or - party to the proceedings was not present (not if no

request for oral hearing)

s13 (leave to appeal) - ‘may set aside’ error of law/’shall set aside’ error of law and principal parties agree

reg 57 Social Security & Child Support (Decision and Appeals) Regulations 1999

s13 Social Security Act 1998

error of law - leave to appeal

leave to appeal

tribunal chairman (full-time chairman)

granted - OSSC 1 form to Commissioners

refused - OSSC 1 form request leave from Commissioner directly

Commissioner grant or refuse leave

error of law - case law

R(A)1/72

R(I)14/75

CIS/3299/1997

R(Iran) - Court of Appeal(must be material error of law)

Error of law?1.decision contains a false proposition of

law

2.no evidence (direct/by reasonable inference) to support findings

3.facts found - no reasonable tribunal applying law correctly could not have reached same decision

4.tribunal took into account irrelevant matters or failed to take into account relevant matters

Error of law?5. breach rules of natural justice

6. breach of duty to act inquisitorially

7. breach of procedure

8. failure to give adequate reasons

leave to appeal because…

decision contains false proposition of law (why/where?)

tribunal held that assistance with walking not relevant – walking mobility need not bodily function need

decision contained false proposition of law because tribunal held walking not bodily function

R(Iran) - Court of Appeal (material error)

Commissioners appeal outcome:

Commissioner find no error of law

Commissioner find error of law set decision aside substitute own decision

Commissioner refer to new tribunal complete rehearing

tribunal’s job examine evidence

make findings of fact

apply facts to law

give reasons for decision

the Commissioners

Commissioner Bano

Commissioner Levenson

since 1948stood the test of time

£ - How much

district chairman - arm and a leg

Commissioner - several body parts- and well worth it

£ - How much

district chairman - £96,500 pa

Commissioner - £131,000 pa

there is no love at theCommissioners only the law

OSSC1 - tips neat handwriting a good start state error of law + how it affected

outcome of case in question ‘my client’ vs Mr Smith (personal) PCA 15pts needed - blatant error but

only get to 10pts no error (material error)

150 million errors - list chief ones only less is more

OSSC1 - tips

find something different - ‘not same old rubbish’ - something that is ‘interesting/ stimulating’ something to ‘spark the imagination’

do not take Commissioners for a fool

how it works…

cases randomly divided up

100 per week per Commissioner (ave)

occasionally get case better suited to another Commissioner (due to expertise/ interest) then do swap

oral hearing discretion of Commissioner

either party can ask for an oral hearing

Commissioner may direct an oral hearing

oral hearing held anywhere

video conferencing possible

address Commissioner not other party

case law no rule of law that one Commissioner

bound by another (comity - courtesy/ considerate behaviour towards others)

first to get it - precedent would perpetuate error (conflict: Tribunal of Commissioners)

no certainty of law - development of law

study the wording

‘if I want to know whatmy fellow Commissioners

think I will ask them’

how long to write-up a decision?

quality of product which matters

¾ of day

5 days (£2,700 ish)

get your free CD PowerPoint slides May 2006 - conference report November 2007 - conference report going to the Commissioners guide leave to appeal template example one example two

DLA/AA Case Law Pack

Derbyshire County Council, Welfare Rights Service - DLA/AA Case Law Pack

January 2008

Telephone: 01629 531531

any questions?

thank you

Mark Perlic