Transcript Mark Perlic Senior Welfare Rights Officer

Mark Perlic
Welfare Rights Service
Welcome
Going 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 thing
you 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
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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)
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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
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R(A)1/72
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R(I)14/75
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CIS/3299/1997
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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 1948
stood the test of time
£ - How much
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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 the
Commissioners 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…
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cases randomly divided up
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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
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Commissioner may direct an oral hearing
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oral hearing held anywhere
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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)
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first to get it - precedent would perpetuate
error (conflict: Tribunal of Commissioners)
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no certainty of law - development of law
study the wording
‘if
I want to know what
my 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
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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