Interested in opinion on the circumstances of this case:

Cl iro HRm & MRc DLA had his award superseded and reduced to LRm & MRc.

The cl appealed this decision and the tribunal decided to remove all entitlement.

He asked for assistance to appeal to the Commissioner. We also completed a fresh claim and was awarded MRc & LRm subsequently.

His appeal to the Commissioner was successful and the appeal is now referred to a differently constituted tribunal.

This means the active decision in this case is that which reduced his HRm & MRc to LRm & MRc.

Can the client now withdraw his appeal before it goes before the newly constituted tribunal and request payment of LRm & MRc up until the date of the fresh claim?

Interesting question...

I'm thinking that answer is 'yes' becuase with the first tribunal's decision having been set-aside it no longer exists and the situation is now as though it didn't take place in the first place.

I think the FfT rules require the tribunal's permission to withdraw (or is that only if a hearing has commenced...?).

I had a similar case about 4 years ago, and we withdrew the appeal after the Commissioner set aside the tribunal decision. We did not experience any problem with this, not sure if rules have changed since then.