Hi all, IS overpayment appeal hearing imminent (working whilst claiming as incapable). We received the IS o/p bundle but with a note from the IS DM to say the lead appeal is the IB decision but sub not prep'd as yet. IS DM has asked TAS for an adjournment because she says it would not be in the interest of the claimant to hear it without the IB lead appeal sub.

We wouldn't have known anything about this had it not been for the IS DM telling us and she's now phoned to tell us chair's refused and she suggests we write to TAS and ask them ourselves.

What do you think?

surely the DM is right as the IS is solely dependent on the ICB, i.e. Only entitled on basis of incapacity for work. So if client wins ICB appeal then no o/p of IS.
In effect the IS appeal stands or falls with the ICB appeal. Not at all sure what the Chair is trying to achieve.

We don't (can't) personally rep due to LSC funding restrictions but I've already sent in written sub mentioning this along with other points so here's hoping.