Good Cause vs Special Circumstances

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  • #38539
    helevans
    Participant

    Hi,

    I want to say to my appellant that the test for admitting a late revision i.e special circumstances test is not as stringent as the test for backdating i.e good cause. Is this right? If so does anyone have anything I can quote – bearing in mind it is likely to end up at the Tribunals Service! 🙂

    Thanks

    #108760
    David
    Participant

    I probably agree with you regarding the tests.

    Firstly, I assume that you are satisfied decision is correct.

    If you think it’s going to TS, I recommend that you review the decision – unless the reconsideration has no possibility of success – and give your claimant right of appeal. (Obviously, if it’s an appeal, i suggest you submit it.)

    In my experience (of the Birmingham centre) a late appeal will always be admitted even if there is only a slight chance of success.

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