I have a DLA case, the client is already on HR mob but we put in for a supersession, in March 05, for middle rate care, which was turned down. We appealed the decision and went to a hearing, which was adjorned for EMP report. The EMP visited and only gave Low care on his report along with HR mob. Another date has been set for the next hearing, but the DWP have now revised their decision and awarded LR care top which TAS have now withdrew the appeal. This means we now have to appeal the new decision of LR care again and await a new hearing! Does anyone know if this is allowed? I know that the DWP can revise the decision at any time and the appeal can be withdrawn at any point up to the date of the hearing, but this seems grossly unfair on the client.

Decision revised favourably does result in automatic lapsing of appeal, I'm afraid.

Sticks in the throat, I know - but I'll confess to not feeling quite the same degree of outrage that I did on the occasion I turned up to represent a client in three separate but connected overpayment appeals; original decisions were overpayments to the tune of £3000, £2500 and £2000. Told on the day that appeals lapsed because of Department's revisions - now £2800, £2400 and £1800 claimed as recoverable!!

If the DM revises the decision in the client's favour, however slightly, the appeal lapses and you have to start again. It's not just allowed, it's compulsory.

It can be a pain, and it might be arguable that DWP should have delayed the reconsideration and invited the tribunal to award the LRC, but once DWP have made the revision decision there's nothing you can do.

Forgot to mention, my record for stupid reconsiderations was a HB overpayment of about £1700. Shortly before the hearing HB revised the decision, having noticed that they'd wrongly converted a monthly rent to weekly - made a difference of a couple of pence per week, reduced the £1700 overpayment by less than a quid. Nothing we could do, had to start again.

Reg 30(2) D&A Regs 1999.

To be precise, the applicable legislation is s.9(6) of the Social Security Act 1998. Reg.30(2) of the D&A regs. prescribes circumstances in which decisions are deemed "advantageous" to the claimant.

Thanks for your replies. I suppose I knew there wouldn't be anything we could do, but worth asking anyway!