PIP, DLA and AA
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PIP

Ange1209Ange1209 Member Posts: 7 Listener
Hi
I am hoping someone can help me!
On the 15th of May I won my appeal tribunal against the DWP. However i still haven't received any letters or payments from them. I rang Friday and they said it hadn't been looked at. So I've just rang again and now they said that it is with a case worker however she also said that they can appeal the decision, when I queried this saying it is outside the 28 days she told me that doesn't matter and that the dates are not set in stone. Is she right or is she talking rubbish?? 

Replies

  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi Ange1209

    Crikey, this seems to be becoming all too common i'm afraid.

    The DWP can suspend payment in some situations where it is considering appealing the First-tier Tribunal's decision. But despite what you may have been told there are strict time limits that the DWP must act within. It has one month from the date of the tribunal's decision to either apply for permission to appeal or request a statement of reasons from the tribunal.

    In your case, i suspect the DWP has requested a statement of reasons and this has caused a delay. What i mean is ... If the DWP requested a statement of reasons and it took the tribunal two weeks to send it then the one month time limit for applying for permission to appeal doesn't end until one month from the date the statement of reasons was sent. This is likely to be at least six weeks following the appeal hearing.

    The only way to challenge this type of delay will be via a complaint. I suggest you could complain to HM Courts and Tribunal's Service if they have delayed, and to the DWP if the delay is causing you hardship. You can do this in writing to the address on the letters sent in connection with the appeal, marking it clearly with the words formal complaint. You might also consider complaining to your MP as this seems to be becoming an all too familiar story.

    Good luck
    David
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
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