I have a situation where 4 clients appealed the same Transitional Housing Benefit decision in July 2003, a revised decision was awarded in Sept 2003 and a tribunal hearing was heard for just one client in August 2004. At the tribunal i asked the Presenting Officers from HB if the other three outstanding appeals would have the same decision applied to them, which they confirmed they would.

We won the appeal and HB have paid two out of the four but the other two have been written to, stating that on the basis of a lookilikey case, there words not mine, they have revisted their appeal and decised not to pay, and to even revise the original decision and create an O/P which they say is irrecoverable.

Now i know HB do not have to apply the decision from the appeal service to the other three claimants, but am i right in thinking they can not revise the orignal decision once we have appealed they should forward submissions for the other two they are not willing to pay and let the appeal service decide?

We have already had compensation awarded from the Ombundsman for the time delays in submitting the appeal submission, can i write to them again regarding this situation.

Many thanks

The HB section can revise any decision at any time, provided it has reason to make that revision... HB sections can do this at any time, regardless of whether the matter is at TAS or not...

TAS will then have to consider the position as revised... and this is important as whilst the HB section can re-assess at any time (again provided it has a valid reason), the appeal MUST proceed to TAS... appeals can only 'lapse' for the conditions set out in reg 17 of the HB/CTB D&A regs 2001...

One of the conditions for 'lapsing' and appeal, is where an overpayment is reduced, that would not apply here as there was no overpayment at the time the appeal was made, to create an overpayment to then 'reduce' it to nil, and says that lapses the appeal would I would suggest, be a clear breach of Art 6 of the HRA...

My opinion is therefore that the LA can revise, but the appeals must still proceed to TAS for decision, and as for going to the Ombudsman, yep you can go again, because the LA continue to fail in their duty to refer to TAS...