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...
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