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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

lapsing appeals

Ruth_T
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Volunteer adviser - Corby Borough Welfare Rights & CAB

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Earlier this year there was a discussion thread about whose responsibility it is to inform The Tribunals Service that a decision has been superseded in the claimant’s favour and that the appeal has lapsed.    http://www.rightsnet.org.uk/forum-archive/index750e.html

Recently, one of our clients had an ESA/LCWA decision superseded in his favour, and for first time ever Tribunals Service sent us a copy of the form which they received from the Jobcentre informing them accordingly.  I have attached a copy of form LT203(C) herewith.  It’s obvious that this form has been in use for donkeys years because it is addressed to the Unified Appeal Tribunal, however it is also clear that the decision-maker accepts that it is their responsibilty to inform TS of a supersession.

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Kevin D
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Independent HB/CTB administrator, consultant & trainer (Essex)

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Just to avoid confusion….

An appeal can only lapse upon revision; not supersession.

Ariadne
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Social policy coordinator, CAB, Basingstoke

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But it often doesn’t happen. More than once I have been in the position where the clerk to the Tribunal rings the appellant (to find out why they haven’t turned up) only to discover the appeal has been lapsed in their favour and DWP failed to notify the Tribunal.

They don’t apologise either when you ring them to say “Oy!”

Ruth_T
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Kevin is, of course, absolutely right, and I do know the difference between revision and supersession.  Unfortunately many JC+ decision makers don’t appear to know the difference.  The LT203(C) Form which I reproduced DOES say “superseded” rather than revised.

Kevin D
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Ruth_T - 19 July 2010 05:13 PM

....I do know the difference between revision and supersession.  Unfortunately many JC+ decision makers don’t appear to know the difference.

Decision makers not knowing the difference between supersession and revision?  I’m shocked :-) .