When is a dismissed appeal not a dismissed appeal?

When it is a “disallowed” appeal apparently… So I have been told by a decision maker today.

This is in relation to my mire of changes of circumstances which still rolls on. In a nutshell client got run over while an appeal was pending and only notified after the appeal had been determined; mainly because they were comatose until after the appeal!

JCP have accepted the late notification of change of circs after 4 months and advice from Leeds but are refusing to pay the WRAC as apparently it remains a “new claim” so (although I haven’t got that far down their ‘logic’ yet) the assessment phase has started again. I think reg 7(1B)(c) applies to leave the assessment phase at the beginning of the previous claim.

I got as far as running down DMG 42480 et seq with hope in my heart that we would get to jump to 44019 to discuss whether the assessment phase had, in fact recommenced. However we ran into the fact that, apparently, a “dismissed” appeal has not been decided by a Tribunal but has simply been disposed of; other than by strike out or withdrawal.

I might be going mad!  I might just be wrong, but for now I’m just furious. /rant