I have a client who has had their claim cancelled, notified of this decision on the 1st September 2005.

We requested a late revision of this decision and were informed on the 8th August 2006 that this was unsuccessful.

As the HB Section have considered the revision but not changed their decision I think they have a further one month in which to appeal, therefore the deadline would be 8th September 2006, or an absolute time limit of 8th September 2007.

Referring to the CPAG handbook on page - 1136.

The HB Section have not refused to accept the late revision, they have considered the case but stated their decision remains the same.

Housing Benefits state that she will have to submit a late appeal, therefore he absolute time limit would be 1st October 2006.

Which is correct?

Have a look at R(IS)15/04 - only a within time request for revision extends operates to extend the time limit for appealing against the original decision when the revision is refused.

However, if your late revision request was accepted under the procedure for extending the time limit where there are special circs etc then in effect it was a within time request for revision and the absolute time limit of 13 months would run from the date on which the refusal to revise was communicated.

.... having said all that to be on the safe side shove the appeal in prior to 1/10/06 anyway.

Martin.