Bit urgent this as colleague has appeal this pm.

HB overpayment, client did not appeal but landlord did. Client was sent papers so thought it was good idea to contact us, and we have prepared additional arguments that o/p nt recoverable. All ready to go.

Had phone call this am from clerk saying that client an colleague not allowed to go in to appeal as its not our appeal. This has knocked us a bit sideways as we had assumed that, as papers sent to client he was involved but clerk says that papers sent to him in error.

I have constructed argument that he is pparty to the proceedings in that Reg 23 of HB+CTB D+A Regs say this equiv to 'principle parties',(P956) reg 2 (P926) in turn refers to Sch 7 para 7(4) of Child Support, Pensions and Soc sec Act 2000 (P180) which includes those affected by the original decision and by the Tribunal decision.

Is this enough? Has anyone else had this problem and, if so, how did you deal with it?

Wouls very much appreciate a second opinion on this, just as quickly as anyone can possibly manage it!

(Page numbers above refer to the latest edition of HB/CTB legislation, trying to help you to help me!)

Not had chance to check but didnt the commissioners decision allow the landlords to appeal asthey are parties to the process? If so it can be reversed and only parties to proceeding recieve the papers do they not? So check DMA Regs .Reg49(8) If not applicable rep may at least observe R49(6) but could not take part.
CH/5216/2001,CH/841/2002 AND CH/3880/2002.

Good luck