Hi,

I dont know whether anyone can help, i would like to know if there is any timescale that the DSS have to make a decision on an appeal, as this particular case has been going on for over 12 months. The appelant was accused of working and their benefit stopped immediately, they appealed and was called in for a recorded interview some 7 months later, and upto now have received no further correspondence. Phoning the local DSS they claim to have no time limit to deal with an appeal, is this correct ? I would of thought there would have to be some kind of law implementing a time scale in which the decision would have to be made, but i am strugling to find any relevant information. Please help.

I am sure the DWP do have internal targets on the clearance time for appeals.

Article 6(1) of the HRA 1998 provides a claimant with a right to a fair hearing within a reasonable time. Unfortunately, the sort of delay that you are talking about is not that uncommon. The courts are unlikely to regard it as unreasonably long.

In terms of getting the case heard more quickly, you could try some of the following:

1. Send a letter directly to the Appeals Service with as much information about the appeal as possible and ask a District Chairman to direct that they prepare a bundle of papers and submission within 14 days.

2. Complain to Customer Services- possibly with the threat of using the Parlimentary Ombudsman.

Whilst your client is awaiting the outcome of the appeal why not reapply for benefit? Appeal any fresh refusal to award.

I had a similar sort of thing with a IS review over a cohabitation decision a while ago. Client was without money for about 3 months before case was referred to me and when i called DWP they just said it was back log of work. Anyway we contacted the local MP and highlighted that client was about to lose accommodation (cos HB had stopped along with IS) and could he support us? DWP Customer Service Manager rang within 3 days to tell us case decided in client's favour. I may have been lucky, but it could be worth a try?