I'm in that state when I'm seriously thinking of packing this all in and I'm putting in for voluntary redundancey/retirement. I need someone to tell me if I've got this right or wrong.

Client lost Income Support because DWP say too much capital. Decision superseding IS made 1/10/06. Decision covers period 1998 to date of 60th birthday in January 06. Client appeals decision.
At the same time capital taken into account for Pension Credit and award reflects this.

At this point all goes wrong. Pension Credit take GL24 against decision made 1/10/06(Income Support) as against Pension Credit decision. Tell client he has appeal against Pension Credit. Client now beleives he has appeals against Pension Credit and Income Support.

Appeal papers received supposedly against award of Pension Credit.
Schedule states date of decision notified and appealed 1/10/06(Income Support decision) and date of appeal 2/11/06 and appeal made appropriately at page so and so. Checking that page is the GL24 against Income Support decision of 1/10/06.

Mty take on this is that there is no appeal against Pension Credit and it is in fact against Income Support. Reg 33 D&A says details of the decision appealing against must be given and in this case those were for income support. How can it be construed that the GL24 was against Pension Credit?. I just don't get it!!!

I've applied to appeals service for the appeal submission to be sent back. Response is no they wont as they say the appeal is against Pension Credit!!!!. I think thats crap. Anyone please help

I assume that you have asked your client which decision he has appealed against? Get him to put it in writing that he is appealing against the IS decision of whatever date and that he is not appealing against the PC decision.Obviously the GL24 cannot be used for appeals against 2 benefit decisions with 2 different decision dates, and it is up to your client, not the Tribunal Service,to specify what he is appealing against.Has he still got the decision letter that prompted his appeal? It's a bit worrying that he thinks he has appealed against both decisions!

If he has the right date and the right benefit on his GL24 then it should be clear that the decision appealed against is PROBABLY the IS decision: what was the date of the SPC decision? Does the wording of the appeal itself say anything that is inconsistent with it being against the IS decision? Has he got a grievance about his pension credit award that has spilled over into his concerns about the IS decision? Who was the GL24 sent to - JCP or pension service - and by whom? That might explain a lot. All these could be complicating factors. People who appeal without help don't always do things right.

I suggest you write back to the Tribunals Service and explain carefully, if you are satisfied that you really know what the client wants. Ask for the file to be put before a Chairman for directions and it might get sorted. If it doesn't, argue about it at the appeal, making sure it's well documented in advance so no-one is caught by surprise.

Was at training yesterday afternoon so unable to get back.

GL24 is clear that decision appealed against is Income Support and I have copy of the review decision appealed against and it is all to do with Income Support. Absolutely clear cut. Nothing in grounds that brings in any Pension Credit reference. No pension credit decision made on the date appealed against. The Income support decision will give rise to a sizeable overpayment whereas any Pension Credit appeal deals with reduction of gauranteed PC due to capital taken into account. Two very different issues.

I just cannot see this is anything but an appeal against IS and I was gobsmacked on approaching Appeals Service to be told that they were still going to treat it as a PC appeal. I've been back in writing and they still say the same. Thats two chairs.

So what do I do. I'm convinced there is no appeal against Pension Credit although the client has been led to beleive there is and wants there to be. I think what I'm going to have to do is inform Income Support that there is an outstanding appeal against IS, ask for late appeal on PC on the grounds they've misled the client into beleiving there was and prepare to attend an appeal which I can't see should take place. Any submission I produce will say that I think the appeal is invalid and I'm convinced the world has gone mad.