Terms & Conditions

[aosulliv]

Has anyone else come across cases which have been accepted by TAS even though they are outside the absolute time limit?

I have a case which has been accepted as the Chair has doubts that the claimant was ever notified of the decision even though copies of the notifications were included in the submission

[petedavies]

I would not have thought that the chair having doubts would be sufficient. I think that a finding of fact would be required. I also suspect (but am less certain) that the finding would have to be along the lines of the decision letter not being sent.

[aosulliv]

The wording of the decision to accept the late appeal (two years late by the way) is exactly as I have already stated.

[Carol Meredith]

Yes we have had such appeals accepted. One went back over several years and covered two decisions one back to 1995. We queried this with TAS and were told the chair wanted to hear it. When it eventually came to a full hearing the chair decided it was out of jurisdiction, exactly what we had said several months before! The oldest decision was so old we had no longer got any papers for it.

[petedavies]

You are within your rights to request a statement of reasons for the decision to accept a late appeal. I have not had to do it myself but have heard of other people who have gone down this road and received a notice that the chair had reconsidered.

I acn think of now way that an appeal like that can be accepted without some sort of reasonable finding of fact to support it.

[Anonymous]

This is not the same case but thought I would share my experiences, recently I have had two late appeals where the claimants appealed and we were able to lapse their original appeals.

Then nearly a year after being given new appeal rights they appealed. I sent these to TAS to get them struck out and they were admitted to the appeals process. After the second acceptance I have requested a statement of reasons as to why these have been admitted. I am currently awaiting a response I will let you know the reasons once received.

[aosulliv]

I have today sent a request for a statement of reasons. I await the decision with anticipation 😮

[ABrady]

I sent an appeal to TAS-appeal made 09.02.05 against a decision notified 09.06.03. The appeal was struck out as the appellant had not returned the TAS 1. I then received a further letter from TAS advising that due to a request from the appellant they had decided to reinstate the appeal. I wrote a polite letter pointing out that it was outwith the tribunal jurisdiction and received a reply that it had been reconsidered but the chair was not persuaded to change this. I await a hearing date???

Have since resorted to sending late appeals as OOJ and appear to be having more success this way.

[markp]

We have come across two chairmen (at least) asking for such appeals to be submitted as late and then they’d decide. However at a TAS LA Liaison meeting I raised this with the Regional Chair and she confirmed what we had been doing; submit as OOJ and she asked for details of the appeal so that she could train her underlings.

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

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