Have seen earlier threads on this point and will look up but I would appreciate some pointers from anyone who has argued at appeal and won recently.

Client applied for Carers Allownace and was in part time work. He states he phoned CA and was told that earnings would be calculated by taking yearly amount and division by 52 to reach weekly figure. Review six months into the claim throws up earnings above £95 causing overpayment. Client appeals.

Appeal is allowed but only on grounds that no superseding decision on the original award which means no overpayment. Carers Allowance have now sent out decision stopping benefit and advised client he must appeal again.

Is there a way to combat this on grounds issue has already been dealt with by earlier tribunal. Would appreciate any pointers

I doubt it, as it sounds like the tribunal has not dealt with the substantive issue but merely decided that as no valid supersession has been made to remove entitlement (and declined to make that supersession itself) then the requirements of section 71(5A) of The Administration Act have not been complied with.

Therefore, the tribunal is ‘caught’ by section 71(5A) and has to find that there has been no overpayment so the question of recovery under section 71(1) does not even arise. Section 17 of The Social Security Act 1998 (finality of decisions) does not yet apply as a decision under section 71(1) as a whole has not been given and the wording of that section requires that it be considered as a whole. And, the commissioner in CH/704/2005, paragraph 14, makes it clear that, in his view, because of section 17 (SSA) the concept of res judicita has no application in social security law.

It is, and always has been, open to the DWP to go on to properly supersede the entitlement decision in compliance with section 71(5A) and thus raise a further overpayment decision. Tribunals used to kick these kinds of cases back to the DWP on a regular basis until the decision in R(IB) 2/04.

Thanks. I had the feeling an earlier thread had more or less said the same but hey, you never know.