I had a joint appeal (HB/IS) re overpayment of benefits due to alleged LTAHAW. We receive letter from TAS with the following "I have been told by the Benefit Officer that he/she has examined their original decision which has been superseded by a revised decision. The officer states that the decsion which he has made on the review is the same as the decision that would have been made on the appeal had every ground of the appeal succeeded. There is now no need for the tribunal to hear the appeal".

Nice one (we thought) but now LA have sent out an amended decision, merely reducing the period of o/p. I've written to Debt Management to see if they are also intending to send out an amended IS o/p decision. Guess what, this was in May with a number of reminders since but I've heard nowt.

My appeal against this amended LA decision is on the grounds that the original lapsed due to the reasons given to me by TAS (as above). He says that's not good enough and it's not a valid appeal so my only option is to put in the same challenge as for the original. I can't think what to do next. It doesn't seem right and I'm bewildered and can't see the wood for the trees. Help please.

Sue

get TAS to relist it.

and/or appeal the decision TAS told you about ...

Thanks Claire but I'd then be accepting they can make an amended decision despite what TAS letter says: "The Benefit Officer states that the decision which he has made on the review is the same as the decision that would have been made on the appeal had EVRY (my caps) ground of the appeal succeeded. There is now no need for the tribunal to hear the appeal".

Our grounds had been no cohab and sending in proof of separate addresses. We therefore though that was that.

I challenged the new decision as I considered they can't just send an amended one out if they have agreed there was no cohab in the first place.

I don't know whether they can do this or not and this is why I'm stuck.

An appeal can only lapse if the LA REVISES a decision. A supersession is not enough.

CH/2091/2005 (para 20?).

Unfortunately, I don't have access to my copy at the moment, so can't mail it or copy & paste.

Regards

Thanks Kevin, that's made it a lot clearer.

In my haste, I forgot to add for completeness that the LA can only revise if an appeal has not already been determined .

Regards