I think you need to be very careful here as the implications are substantial. It could apply in all sorts of areas. This is the type of case I would be fine to take to appeal in fact. It is now a fact that the claimant has applied for UC. That claim was rejected. Can they now appeal against that decision and if that appeal is refused ask HB to reinstate? Is the UC decision now binding on the Council? It gets back to the issue about whether claimants can pick and chose which bits of the welfare state they want. After all the UC taper is now more generous so the decision to claim UC is understandable. So are the non dep rates and so on. So I would present this to a tribunal in that way. 🙂
