Appeal Lapsed?

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    I have had an appeal against the start date of a claim and the rent officer’s decision. I have revised the start date of the claim in the claimants favour therefore the appeal should lapse. However, as I have been unable to revise the rent officers decision does this part of the appeal stand and have to be sent to the tribunals service? or does the claimant have to make a new appeal?

    Thanks !


    Is your claimant outside the six weeks to request a redetermination of the RO decision? If they are then that is what is needed.

    If not then that part of the appeal would need to be submitted to TTS as OOJ since the tribunal does not have the jurisdiction to deal with it.

    Hope this helps.

    Do I know what I'm doing? The jury's out on that........................


    I was hoping that becuase the decision has been revised partially in their favour that the whole appeal would lapse! rather than having to send it off to TTS just to have them strike it out!

    Carol Meredith

    What you actually have is two appeals, one about the start date and one about the RO decision. They just happen to be written on one letter but they are two appeals against two decisions. You cannot say that the appeal against the RO decision has lapsed because you have decided in the claimant’s favour on the start date.
    However, are you sure that it really is an out of jurisdiction appeal againt the rent officers decision and not actually a request to ask the rent officer for a redetermination. If you have already decided that its not one for the rent officer then sorry, you have to submit to TTS.


    I think I disagree that you have two decisions. As I see it, there is one decision in this case, which is to make an award of HB of a certain amount from a certain date. All the bits and pieces that go into the making of that decision are not themselves decisions in the sense meant in the regulations. (If you look at the schedule about decision notices in the regs it clearly describes a decision notice as notifying [u:0a74b5b039]one[/u:0a74b5b039] decision, which could never be the case under the interpretation given in the post above).

    In particular, if you look at paragraph 6(2)(c) of Schedule 7, it specifically restricts an appeal against “[u:0a74b5b039]so much of[/u:0a74b5b039] any decision… as adopts a decision of a rent officer”. Hence, a ROD is only part of an LA’s decision as to someone’s entitlement, not a separate decision in itself. A person can appeal against that decision, but if their grounds of appeal relate only to the ROD then the appeal is OOJ.

    Therefore, in my view, by making the award of HB for a longer period than previously you have revised the original decision in their favour and therefore lapsed the appeal. They now have fresh appeal rights against your new decision.

    By the way, our approach here is to treat an “appeal” which is blatantly purely against a ROD as a request for a redetermination of that ROD and to treat it accordingly.

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