I dont think there is anything to stop you given that the FtT decision is final unless and until it is overturned
Regulation 11(1) and 2(b)(i) of the D&A Regs provdes that you may (my emphasis) suspend payment (in whole or in part) when an appeal is pending against a decision of the FtT, but the discretion to do so is yours.
Reg 11 does not provide that you shall suspend payment
