Terms & Conditions

[LindaL]

I recently attended an appeal as the presenting officer and the appellant did not turn up. However, her grandmother, landlord and social worker were there. We had permission to discuss everything with social worker, but Chairman of Tribunal would not hear the appeal without the appellant and she quoted the Regulation that said appellant must attend. However, I have been unable to find this regulation – can anyone help me, please?

Thanks in advance.

[markp]

Is it Reg 43 of the Social Security and Child Support (Decisions and Appeals) Regulations? This covers summoning of witnesses so has no teeth (to quote the analysis) as there can be no sanctions for non – attendance. Or is it Reg 49 of the same which covers procedure at an oral hearing where the chair can proceed, at their discretion, with the tribunal in the absence of a principal party.

This is on pp 903 – 912 of the 2006 Findlay.

Hope this helps.

Do I know what I'm doing? The jury's out on that........................

[LindaL]

Thanks Mark. I am due to attend two appeals shortly and I don’t think the appellants will turn up, but the representatives will. One representative is the landlord’s agent and the other, the claimant’s father (who is also the landlord). Therefore, I was hoping I could quote this reg and get the hearings adjourned, because I want the appellants to attend. However, reading reg 49, it appears that only the Chairman can do this. Oh well – back to the drawing board!!!!

[markp]

I suppose you could ask for an adjournment or that the Chairperson directs the appellant to attend but it is down to them and if the rep pushes for the hearing to go ahead I wouldn’t be surprised if the chair didn’t agree. On the other hand they might agree.

As Gilbert and Sullivan say “you can never be sure till you’ve tried”.

Do I know what I'm doing? The jury's out on that........................

[Carol Meredith]

Remember there is a difference between someone who you just have permission to discuss a claim with and a claimant’s representative. Just because you have permission to discuss does not make them a representative for appeal purposes.

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