OK, I know I read it somewhere, but don't know what or where, and an hour or more of searching is getting me nothing but more stress and a huge headache. Help!

Client failed PCA, and appeal deadline is next week (17th September). He has had his IS stopped because not appealed yet. I'm sure I read something, somewhere, probably quite recently, about not being able to do this until the appeal is finally determined, which it can't be until the appeal deadline has passed. Anyone with a spare couple of brain cells I can borrow, cos mine have gone walkabout.

I found this out in a distressed phone message at 3.55 today, and I have faxed what appeal I could in the 4 1/2 minutes before the incapacity section closed for the day. However, the chances of the client having it sorted in time for him to make his flight to Spain at 11.30 tomorrow morning, are slim to say the least!

Thanks in advance for help - I would do a smiley but it says 'option off' and I don't know how to switch it on. Consider yourselves smiled at though.

Commissioner Fellner said at par 15 of CIS2654/1999

"15. I agree with the submissions on behalf of the Secretary of State that the appellant was entitled to the benefit of paragraph 25 of Schedule 1B until the day before my colleague’s dismissal of his application for leave to appeal, ie until 29 3 99. I agree with the holding in CIS/210/94 (Mr Lewis assured me that he had found no adverse authority on the general principle) that the “determination” of an appeal occurs only once it can be taken no farther, and not merely once a tribunal has reached a conclusion. Indeed, it might be said that an appeal continues to be undetermined until any time allowed for appealing (or applying for judicial review of) the latest decision has elapsed, though I need not decide this since the appellant here had long been reawarded income support on the basis of incapacity by the time his application for leave to appeal was refused"

This could be what youare looking for

Cheers, that is indeed the one my addled brain was looking for.