Clients renewal decision dated Oct 96 stated client was entitled to L/care from March 97 to march 99.But, Disability Benefits Centre computer recorded as “life” award in error. Client continued to receive L/care payments after award ended.
In March 03, client requested supersession, Disability Benefits Centre noted their mistake, They offered a reconsideration to see if period of award could be extended, client agreed. Disability Benefits Centre decided that L/care correct rate and they extended award to cover period in dispute.
However, on supersession client now awarded M/care. He then put in appeal for H/care and to have L/care award increased to cover period in dispute. Client now wishes to withdraw from H/care part of appeal, but, still wishes to go ahead with M/care for period in dispute.
My concern is would we have to withdraw from whole appeal and then put in for new appeal on period between ‘99 & ’03 and is this an appealable decision? Any comments would be gratefully received.
Thanks.

My view is that you can appeal against a decision and any determination embodied in that decision. In the presnet case there are 2 decisions under appeal, the superseding decision awarding middle rate care, and the further "reconsiderattion" (there is no such thing as a reconsideration, it is either a revision or it is a supersession, in this case I think it is a supersession) awarding low rate care.

The supersession awarding low rate care from 99 to 03 must be appealable.