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Difference between revisions of "Social Security Tribunal Overview (8:XIII)"
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Social Security Tribunal Overview (8:XIII) (view source)
Revision as of 01:05, 5 August 2017
, 01:05, 5 August 2017→A. General Division
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Following the hearing, the Member will send the claimant a copy of the decision. | Following the hearing, the Member will send the claimant a copy of the decision. | ||
=== 1. Discretionary Decisions === | |||
Discretionary decisions such as the Commission’s refusal to extend time, or its decision regarding the length of disqualification, can only be reversed if it is decided that the original decision: | |||
a) ignored or failed to consider a relevant factor, including something the Commission was unaware of, such as health problems or other mitigation; | |||
b) acted on an irrelevant factor; | |||
c) committed a jurisdictional error; or | |||
d) acted against the principles of natural justice, such as acting with bias or bad faith. | |||
The issue is whether the Commission’s exercise of discretion in the original decision was reasonable. However, where the Commission has failed to consider relevant evidence, or where there is new evidence presented for the first time by the claimant, the reviewer can exercise remedial authority by making the decision that should have been made. It is rarely difficult in a deserving case to show that the Commission has disregarded some relevant fact. | |||
=== 2. Amount of Penalty === | |||
Courts have also determined that the amount of a penalty for making false statements may also be appealed only to the extent that in coming up with the amount of penalty, the Commission committed an error, such that the decision or the decision making process was unreasonable. That said, as above, one can often find some relevant “fact” that the Commission failed to consider. | |||
Keep in mind that the decision to apply a penalty can always be appealed. | |||
== B. Appeal Division == | == B. Appeal Division == | ||