HSMP dependent visa refsual need help

Hi,
I applied for my wife visa as dependent of me but it was refused saying I dont meet the maintenance requirement because my most recent statement which I sent is more than 28 days old. Can some help me please follwoing are the facts:
1) I am HSMP which I recived in Spetember 2006 So I am covered by High Court Judicial revew policy.
2) When I extended my visa on 18th November 2008 they wrote Tier 1 General Skilled Worker on my visa status but the letter I recieved with the passport says my application for extension was consisdered against the old rules of HSMP as per high cousrt judgement.
3)When I asked the VFS which form to fill for my visa they said VAF2 but when my visa went to apply they said its wrong form she need to fill VAF10
So she applied on VAF10
4) I sent her the Bank statement of 3months which were upto 8 Feb & other documents in end of Feb and she recieved them in March & then she applied in March . I have maintened teh balance between £3000-£4000 throughout the 3 months

Now my Questions are as follows:
1) As a HSMP dependent visa do I need to show the funds
2) Do I re-apply on fresh application with latestet statement again because I still have maintained funds in my account or is it best to Appeal
3) Or CanI do both Appeal and Re-apply
4) As Appeal takes long time and I dont want to wait for that time So i was thinking to do both.
Seniors Please advice
Your help will be much appreciated
Thanks

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