Underlying entitlement and subsequent appeal rights

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  • #284951

    Having a bit of a moment deciding this one:-


    claim amended last year- overpayment; This was disputed, UE applied in May this year- this credit reduces the original overpayment (presumably wiping out the dispute as it is a positive outcome). Therefore, I am assuming that this constitutes a brand new decision, in respect of the original 2022 OP, that can be appealed within a month from the May date (etc etc).

    The claimant is still disputing the ‘overpayment’- now, my question:-do we treat that dispute against the new reduced overpayment decision (May this year), or the original back in December last year? (The dispute still rests on the creation of the overpayment itself but now out of time).


    nick dearnley

    Any further dispute or appeal would be against the decision as revised, i.e. the reduced OP, and the clock runs from the date of the revision. The original OP has been revised already to reduce it – although UE is part of making the net OP decision itself, provided the clmt gives the necessary information, and there is no time limit for applying the UE information.

    In case it comes to an appeal, I had something similar a few years ago – an overpayment reduced on revision and not forwarded to FtT.

    In that case we had four separate OPs for four separate and distinct periods, helpfully rolled into one decision by the Assessment Officer. The clmt appealed, and one of those periods was revised, but not the other three. We mistakenly lapsed the whole appeal, and it only got to hearing some time later. The FtT Judge directed that the appeal lapsed in relation to the OP period that we had changed, but not the other three.

    My understanding in light of that is that where a clmt appeals to FtT and you make a revision to the appealed decision, the appeal lapses if it is favourable. It does not have to give the clmt everything they asked for, per reg17(2)(d) HB & CTB Decisions and Appeals Regs 2001 (see [2014] UKUT 0023 (AAC) para 36 onwards).


    Thanks Nick, I thought that this was the case but needed a second opinion 🙂

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