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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10539
Experience:  Barrister 17 years experience
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Can anyone explain in plain English an obiter comment from a

Resolved Question:

Can anyone explain in plain English an obiter comment from a statement of reasons, following and Employment Support Allowance appeal tribunal?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
"Following the promulgation of the decisions in this matter, the Secretary of State made an application to set aside the decision confirming the decision of the Secretary of State. It was said that the decision of the 4/8/15 was not valid because it purporting to revise a decision which was made on the 30/4/12, but there was no identifiable decision made on that date. The tribunal declined to set aside its decision, because the decision on entitlement was made of the facts. The defect, whether it be that there was no decison of 30/4/12 or 30/4/14 was relevant to the overpayment issue as the decision of the 20/8/15 could not stand, in the absence of any decision or decisions award in benefit had been set aside."
Expert:  Buachaill replied 1 year ago.
1. This obiter comment essentially means that the Secretary sought to come back in and render void the decision taken by the Employment Appeal Support Allowance tribunal but the Tribunal refused this application as their decision was made on the basis of the facts and was not based upon any previous decision of the Secretary of State. So essentially, whatever decision the ESA Appeal tribunal made stands.
Expert:  Buachaill replied 1 year ago.
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Customer: replied 1 year ago.
Thank you, ***** ***** what I hoped it meant.