Terms & Conditions

[Anonymous]

We have had a joint investigation with the DWP which led to Income Support ceasing back to 2002 as they were deemed ‘living together as husband and wife’.

Claimant has appealed both to us and the DWP. Would you wait for the DWP appeal decision before making yours?

[aosulliv]

You should stay your appeal as the decision made by the L/A has been made in consequence of a decision made on a passported benefit.

If the appeal against the DWP is upheld, then all you do is revise your decision.

[Nicky]

Or you could submit the HB appeal and ask the tribunal service to link it to the outstanding IS appeal.

This should ensure that both appeals are heard on the same day (probably at the same time) – if they get as far as a hearing that is.

[aosulliv]

I’ve found at hearings that have joint appeals is that the DWP don’t turn up and then the chair will generally use the ‘balance of probabilities’. In otherwords, rely on the claimant’s say so.

Luckily, I’ve not had one for a while, but I would stay the HB appeal and await the outcome of the passported benefit appeal, but write to TAS to confirm the situation.

[Anonymous]

I have never actually done one of these before. Does it involve writing to the customer to advise them that you are staying the appeal then writing to TAS to advise them that you have not submitted the appeal because you are awaiting the outcome of the IS appeal?

[Author]

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