Can anyone help, please?
Client had her DLA stopped from 2001, because starting a p/t job ( till operator 10 hrs/wk) was found by the appeal tribunal to show enough of an improvement in her condition to take her out of entitlement to any DLA (was getting high rate both comp's). She has asked for leave to appeal to the Commissioners.
DWP Debt Recovery say they will not suspend recovery any longer, though we have told them that the appeal process may still continue. How can we prevent their pursuing her for repayment while she is still appealing?
She has a fraud hearing coming up - she did not tell anyone she had started work: someone reported her to the fraud line. Could the hearing be deferred while the appeal process continues?

You are looking for CIS/2654/1999 which, in the context of para 25 of sched 1B of the IS regs, states that

"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."

If the appeal is continuing then recovery in my opinion is premature.

CIS/2654/1999 is on the OSSC website

David

Thank you, I will look it up!

New Rules 5. You can now apply to the tribunal to suspend its decision.

See http://www.opsi.gov.uk/si/si2008/uksi_20082685_en_1

Case management powers
5.—(1) Subject to the provisions of the 2007 Act and any other enactment, the Tribunal may regulate its own procedure.
(2) The Tribunal may give a direction in relation to the conduct or disposal of proceedings at any time, including a direction amending, suspending or setting aside an earlier direction.
(3) In particular, and without restricting the general powers in paragraphs (1) and (2), the Tribunal may—
...
(l) suspend the effect of its own decision pending the determination by the Tribunal or the Upper Tribunal of an application for permission to appeal against, and any appeal or review of, that decision.

Philip Boyd