Looking for some help on this issue as I can't get my head round it all!
Income Support superseded claimant's entitlement in April 2009 on the basis of a change of circs. We appealed and in Nov 09, they revised that decision and held the claimant was entitled to IS. As a result, the appeal lapsed. Then in January this year, they revised the revision decision on the basis of error of law and gave a new decision that she was not entitled for the same reasons given in the supersession decision of April 2009.
The IS office has stated her appeal will continue against the original April 2009 decision. I'm not entirely certain of this. The appeal was lapsed by the revision decision in Nov 09. But now that that revision decision which caused the appeal to lapse has been revised, does that resurrect the appeal or should we appealing against the new revision decision from January 2010. Practically, it may be better to just let the appeal continue against the original decision, but this is a case involving right to reside and it’s likely to go to the Commissioner. I don’t want it to be before the Commissioner and he decides that we should have appealed the new decision and there was no valid appeal as it had lapsed back in Nov 09. I've submitted an appeal against the Jan 2010 decision just to be safe but the Deaprtment are proceeding with the case as if the appeal is against the April 2009 decision.
Any thoughts?
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