Thank you very much Nick. Appreciate your help.
Indeed, the more I look at D & A Reg 17, particularly (3), now consider that appeal has not lapsed, for the reason you have cited.
Was interested in the example you gave. Have another scenario where an overpayment was created, our argument was that it was caused by an official error -but reasonably expect customer to have realised that being overpaid.
Customer appealed.
We then agreed that overpayment was only recoverable after a few months that customer received incorrect amount of HB so the time period and amount of overpayment were reduced.
We notified customer of new decision and a further month to submit further appeal but had no response, so we counted original appeal as having lapsed.
Customer now questioning this overpayment and I now consider that they have a point when D & A Reg 17 (3) is considered. Really their original appeal has not gone away.
Regards
