Hi - I helped a client make a late appeal against a decision from February 09 that she had been overpaid IS and must repay it. Deductions had already commenced. Once the appeal had been admitted I asked that recovery be suspended pending the outcome of the appeal. Bradford Debt Centre has refused - told me it is policy not to suspend collection where a late appeal is involved. Rather deductions will be refunded if appeal succeeds.

Can anyone cite authority to challenge this decision and is this a common experience?

Back in the day when I was previously doing this sort of thing they would suspend as soon as the appeal was admitted.

My experience is that recovery is not suspended when a late appeal is made, but is suspended when a late appeal has been admitted by the DM or tribunal. On those occassions where this does not happen I've resolved the issue with a formal complaint.

I would say it's been around 8-12 months since I've advised a client about this issue but I don't remember seeing anything about a change of procedures.