Withdrawing an appeal??

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    Does anyone know off the top of their head………….
    decision 18.03.2005 …..customer has been overpaid
    customer appeals 10.05.2005…………
    07.09.2005 there is a letter from customers solicitor (nb no authorisation from customer allowing sols to act on his behalf).. withdrawing appeal.
    no further action is taken on the appeal..
    customer rings up and is adamant has not instructed sols to withdraw his appeal
    15.03.2006 customer requests LATE appeal against same decision (18.03.2005)
    cannot find anything to suggest he cannot do that – neither can i find guidance to say that he can………..any suggestions or thoughts/comments 😀


    An appeal can only be withdrawn by the claimant or their authorised representative by giving notice in writing – Reg. 29(9) of the Decisions & Appeals Regs.

    If the solicitor in this case did not have signed authorisation to act on the claimant’s behalf, then the appeal has not been validly withdrawn, and still stands.

    Therefore there is no need for the claimant to make a fresh, and late, appeal.

    I presume the appeal hadn’t been forwarded to the Appeals Service in the 16 or so weeks betwen the original appeal and the letter from the solicitor, which, if that is the case, is a bit naughty. If it had, then similar rules apply, under Reg. 40 of the Social Security and Child Support (Decisions and Appeals) Regs.

    If the appeal had been validly withdrawn, then it cannot be reinstated, but the claimant can make a fresh, albeit late, appeal.

    In the circumstances you describe, therefore, unless there is evidence that the solicitor was authorised to act on the claimant’s behalf, the original appeal is still valid.


    Bob, you presume correctly………very naughtily… the appeal had not been forwarded to TAS 😆 ……….prospect now of 12month old appeal going to TAS …..great…..thank you very much for your help!

    Carol Meredith

    Just an observation but looking at the dates in your post the original appeal was already late. However due to the way the appeal has been handled I think I would be treating it as a late supported appeal.

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