Have a client who has appealed against a LT decision, heard nothing about a reconsideration, but now I've had a letter from the TS saying that the DWP is saying that the TS does not have jurisdiction over the appeal for reasons set out in the attached form - there is no form.

So I've whilst the TS tries to find the file and the form, does anyone know why the tribunal would not have jurisdiction over a fairly straightforward living together decision? We're not appealing a decision about which member of a couple should claim, we're appealing the decision that they are a couple and are living together.

What, exactly, are the terms of the decision under appeal? A finding that a couple are LTAHAW is merely a determination embodied in a decision and is not in itself appealable but that is a mere technicality.

The determination will usually be embodied in the benefit outcome decision, i.e. "you are not entitled to Income Support because you are LTAHAW" or some such phrasing. That kind of decision is appealable and the DWP would be living in cloud cuckoo land if it thinks that TTS has no jurisdiction over the matter.

They were both in receipt of IS separately and now receive IS as a couple (even though my client's flatmate has now moved out to his brother's because of the stress this is causing). So what is the appealable decision here?

The terms of the first appeal will be something along the lines of "I wish to appeal against the decision of (date) that I am entitled to Income Support at the couple rate as it has been determined that I am LTAHAW with (name)". Then state grounds.

The terms of the other person's appeal will be something along the lines of "I wish to appeal against the decision of (date) that I am not entitled to Income Support as it has been determined that I am LTAHAW with (name) and therefore part of her/his claim". Then state grounds.

Thanks - that's pretty much what I wrote the first time round.

Is anyone else seeing a lot of LTAHAW decisions just now? Or is that we have on DM with a bee in their bonnet? I hadn't seen any for a good while then three turn up in the same week.