Client has had ESA stopped because DWP consider she is ltahw with her flatmate (male) who is her carer, and not her partner. They have a joint tenancy, separate finances and have never had a sexual relationship. They live together because of her health. Appeal is under way. Her HB/CTB were stopped because of ESA decision. We advised her to reclaim HB/CTB. She has been told they will not make a decision until the ESA appeal is decided. What can she do - if she has made a valid claim how can she insist it should be processed? She has no income at all now. DWP are also being very slow to respond to our efforts to get the decision revised prior to appeal.
I would be very grateful for your help.

It's catch 22. Strictly, you have a slam-dunk complaint for the LA's failure to make a decision within 14 days (or as soon as practicable thereafter) - this is a legal requirement. But....

Let's say you succeed. LA makes decision on the identical basis as its previous supersession decision. So, still no HB/CTB AND yet another potential appeal.

As it happens, there is something in your post that caught my eye. On what basis was HB/CTB "stopped"? In itself, LT is not a basis, in law, to end HB/CTB. Even if the LA properly reached its decision (in terms of legal process) as to LT, the LA is still required to assess underlying entitlement. If it is correct that neither of them has any income, surely HB/CTB would be maximum in any case.

Also, the LA cannot blindly follows the DWP LT decision - the LA is required to arrive at its own conclusion(s).

There is so much more that may be relevant, but this post would end up being a book. In summary:

1) by all means deal with the LT, BUT....

2) also look at the technical side - did the DWP and/or LA comply with the law in terms of superseding / revising earlier decisions; underlying entitlement (mandatory requirement); proper notification letters?

Thank you for your helpful points! Confirms what I thought. Client is coming in again soon so we can explore in more detail.