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Taking the DWP to a small claims court?

samuel88samuel88 Member Posts: 5 Listener
I won my PIP appeal on the 14th of October, however they have still not started payments. I rang them yesterday and they confirmed that they were not appealing nor have they asked for a SOR but couldn't tell me when I'm going to get my money. Do you think issuing a letter before action might prompt them to make payment?

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    Great news on the Tribunal win. Backdated money can take 8 weeks after a Tribunal win and about the same time to put your award into payment.

    No, a letter before action isn't going to help here, i'm afraid.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • MisscleoMisscleo Member Posts: 646 Pioneering
    If the 8 weeks had passed, how would this person take the dwp to the small claims court and would this person get legal aid?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It hasn't reached 8 weeks and no they wouldn't get legal aid.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • wilkowilko Member Posts: 2,200 Disability Gamechanger
    What’s up with these people they have waited so long for their tribunal then win and can’t wait or become impatient with the DWP waiting for their back payments, you won’t be short changed, you will be paid in full. 
  • samuel88samuel88 Member Posts: 5 Listener
    wilko said:
    What’s up with these people they have waited so long for their tribunal then win and can’t wait or become impatient with the DWP waiting for their back payments, you won’t be short changed, you will be paid in full. 
    If the shoe was on the other foot and we owed the DWP money do you think they'd accept being told 'wait at least 8 weeks?'
  • samuel88samuel88 Member Posts: 5 Listener
    edited November 2019
    Misscleo said:
    If the 8 weeks had passed, how would this person take the dwp to the small claims court and would this person get legal aid?
    You don't really need a solicitor to go to the small claims court. You just pay a small fee and in fact, the court is basically the same as a Tribunal, the only difference being that the small claims court has the power to enforce it's judgements!
  • pollyanna1052pollyanna1052 Member Posts: 1,999 Disability Gamechanger
    wilko said:
    What’s up with these people they have waited so long for their tribunal then win and can’t wait or become impatient with the DWP waiting for their back payments, you won’t be short changed, you will be paid in full. 

    Perhaps they are desperate for the money.
  • wilkowilko Member Posts: 2,200 Disability Gamechanger
    Yes they may be desperate for the money, remember they have had to wait 12 plus months for their case to be heard can't they wait for their correct payment to be sorted out, otherwise they will be reposting is this the correct money for back pay. All these things take time it's not instant coffee. 
  • MisscleoMisscleo Member Posts: 646 Pioneering
    Somebody got out the wrong side again and manners cost nothing. 
  • paffuto10paffuto10 Member Posts: 388 Pioneering
    @wilko

    "these people"???

    How rude! 
  • mikehughescqmikehughescq Member Posts: 5,379 Disability Gamechanger
    The small claims court is irrelevant here. It has no jurisdiction for several reasons.

    1 - entitlement has been decided and the route for that is first tier tribunal. 
    2 - effectively the DWP, in small claims lingo, have admitted liability and agreed to pay. There is therefore nothing for the small claims court to do even if they had jurisdiction.
    3 - you can’t pick your route. The tribunal route is the one agreed by law.
    4 - an administrative delay can be the subject of judicial review if it’s unreasonable but only if there’s urgency and all other remedies, like complaint, have been exhausted. There’s no urgency here and other remedies have not been exhausted. The cost of a JR is likely to exceed the arrears by some distance.
    5 - we’ve no idea how much the arrears are. Some arrears are so large the payments need to be split and that requires specific permissions. 
  • samuel88samuel88 Member Posts: 5 Listener
    edited November 2019
    The small claims court is irrelevant here. It has no jurisdiction for several reasons.

    1 - entitlement has been decided and the route for that is first tier tribunal. 
    2 - effectively the DWP, in small claims lingo, have admitted liability and agreed to pay. There is therefore nothing for the small claims court to do even if they had jurisdiction.
    3 - you can’t pick your route. The tribunal route is the one agreed by law.
    4 - an administrative delay can be the subject of judicial review if it’s unreasonable but only if there’s urgency and all other remedies, like complaint, have been exhausted. There’s no urgency here and other remedies have not been exhausted. The cost of a JR is likely to exceed the arrears by some distance.
    5 - we’ve no idea how much the arrears are. Some arrears are so large the payments need to be split and that requires specific permissions. 
    But a Tribunal isn't legally binding, so if the DWP wanted to they could just say to anyone 'we're not going to appeal, but we're not going to pay you either'. What then? Surely it would be the same process as when anyone is owed money? You take them to the county/small claims court...
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You will receive your back dated money but it can take 8 weeks, sometimes longer. Ring them again tomorrow morning and ask for another update on your backdated money.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • mikehughescqmikehughescq Member Posts: 5,379 Disability Gamechanger
    samuel88 said:
    The small claims court is irrelevant here. It has no jurisdiction for several reasons.

    1 - entitlement has been decided and the route for that is first tier tribunal. 
    2 - effectively the DWP, in small claims lingo, have admitted liability and agreed to pay. There is therefore nothing for the small claims court to do even if they had jurisdiction.
    3 - you can’t pick your route. The tribunal route is the one agreed by law.
    4 - an administrative delay can be the subject of judicial review if it’s unreasonable but only if there’s urgency and all other remedies, like complaint, have been exhausted. There’s no urgency here and other remedies have not been exhausted. The cost of a JR is likely to exceed the arrears by some distance.
    5 - we’ve no idea how much the arrears are. Some arrears are so large the payments need to be split and that requires specific permissions. 
    But a Tribunal isn't legally binding, so if the DWP wanted to they could just say to anyone 'we're not going to appeal, but we're not going to pay you either'. What then? Surely it would be the same process as when anyone is owed money? You take them to the county/small claims court...
    That’s not true. What gives you that impression? A tribunal decision is absolutely legally binding unless set aside or overturned at UT.

    If you win at appeal and can’t get payment you have numerous options to enforce payment.
  • samuel88samuel88 Member Posts: 5 Listener
    samuel88 said:
    The small claims court is irrelevant here. It has no jurisdiction for several reasons.

    1 - entitlement has been decided and the route for that is first tier tribunal. 
    2 - effectively the DWP, in small claims lingo, have admitted liability and agreed to pay. There is therefore nothing for the small claims court to do even if they had jurisdiction.
    3 - you can’t pick your route. The tribunal route is the one agreed by law.
    4 - an administrative delay can be the subject of judicial review if it’s unreasonable but only if there’s urgency and all other remedies, like complaint, have been exhausted. There’s no urgency here and other remedies have not been exhausted. The cost of a JR is likely to exceed the arrears by some distance.
    5 - we’ve no idea how much the arrears are. Some arrears are so large the payments need to be split and that requires specific permissions. 
    But a Tribunal isn't legally binding, so if the DWP wanted to they could just say to anyone 'we're not going to appeal, but we're not going to pay you either'. What then? Surely it would be the same process as when anyone is owed money? You take them to the county/small claims court...
    That’s not true. What gives you that impression? A tribunal decision is absolutely legally binding unless set aside or overturned at UT.

    If you win at appeal and can’t get payment you have numerous options to enforce payment.
    It states in the letter they sent with the appeal decision 'Unlike the courts, the tribunal has no legal powers to enforce it's decision'
  • mikehughescqmikehughescq Member Posts: 5,379 Disability Gamechanger
    That’s not the same as the decision not being legally binding. 

    That statement just means that if there’s a payment issue it’s DWP you go to rather than HMCTS. 
  • Chloe_ScopeChloe_Scope Scope Posts: 10,662 Disability Gamechanger
    Hi @samuel88, is there anything further we can do to help?
    Community Partner
    Scope

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