I have a client who was awarded benefit by a tribunal about 6 months ago. Despite several letters the benefit has not been paid. I know it is possible to sue for non-replacement of a Giro, in fact I'm also doing that for the same client for a different period, but is it possible to sue for benefit awarded which has simply been paid at all?

I would have thought it was possible, but the CPAG book only talks about taking action in the County Court for lost Giros, etc. If it is possible, can it be done by using the procedure for enforcing a tribunal award in the same way as for an Employment Tribunal? The Civil Procedure Rules seem to allow the DWP to do this when recovering an overpayment, but don't mention whether a claimant can use the same procedure when benefit is awarded by a tribunal.

I honestly don't know about the civil procedure rules (but if you find out would be interested to know). Another idea would be to use Parliamentary Ombudsman via MP. Not as exciting perhaps but it seems to focus their atention, mainly because if they pay up on first contact from the Ombudsman they don't have to have a formal investigation, which they are very keen to avoid because of PR implications.

Surely the rules which allow suing for missing giros - that money legally owed by the DWP to an eligible claimant must be paid - also apply to non-payment of arrears?

Certainly I've used that principle to threaten suing in the past after a string of post-PCA six month waits for IB arrears. You could also include any overdraft costs etc in a claim.

I've only done it a couple of times because of the danger of appearing an empty threat.

I've been happy to do it though having sought and gained LSC approval to at leats count the time preparing the papers if not appearing at Court, permisison being for non-replaced giros where I also threatened need to instruct a handwriting specialist and add the costs to the claim.

I've used seven day letters to the relevant manager. They often ring after six days say they'll do it in a couple of days. Which is annoying, but the money is paid.

Just a standard small claim really. The date on the decision notice and lack of payment says it all.

The MP and Ombudsman would be the better method there is no cost or expenses for claimant.