Legally, I consider that the actions of the local authority were correct, and the appeal should lapse...
Reg 17 (2) (c) of the HB/CTB D&A regs applies... "as a result of the decision, a denial of, or disqualification for the receiving of, housing benefit or council tax benefit is lifted, wholly or in part".
I consider that you are now disputing the 'reasonableness' of the local autrhority's actions, and I agree from what you have said in your post, that there is a chance that you can attack the local authority's grounds for finding other ways of not paying HB, and the decision to not process a HB claim, does not 'yet' carry the right of appeal. Though see my posting in the Decision making and appeals forum for an update on the law, following CH/3511/2003 which as a Tribunal of Commissioner's decision, is about as good as it gets, and will be of a higher authority than R(IS) 6/04)... Http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=106&topic_id=474&mesg_id=474&page=
I also consider that TAS were right not to interfere with the local authority's decision regarding the appeal, as the legislation seems clear. However, you might want to attack the reasonableness of the local authority's actions to the LGO etc. However, I consider your best route will be by way of CH/3511/2003 and the way that they have 'lapsed' 'treated the claim as defective/withdrawn' as per HB regs 73 & 76 will not be correct if CH/3511 says what I consider that it will say. I am almost absolutely positive (which in HB is pretty rare), that the Commissioner's will give full appeal rights to HB reg 76 (2), and even if the local authority won't accept a late appeal. You can almost bet your shorts TAS will allow a late appeal if you can cite the confusion regarding HB appeal rights etc (why make an appeal, if the LA tell you a decision is not appealable?), and the reasonableness of the LA actions in finding ways to 'frustrate' the refusal to pay HB from being considered by a Tribunal....
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