Client won his ESA appeal in October 2009, but DWP requested a Statement of Reasons. This has still not been provided and in the meantime DWP has not implemented the Tribunal's decision. In my experience this is usual, I don't think I have ever had a case where the DWP has paid client if they are considering a further appeal. However, the Tribunals Service has just told me it is 'illegal' for the DWP not to implement the Tribunal's decision whilst the Statement is pending. Is this right?

Thanks

Tribunal Service are wrong - Secretary of State can suspend benefit while considering an appeal, which includes period while waiting for statement of reasons - Reg 16 Decisions and Appeals Regs. So onus is on Tribunals Service to get the reasons done.

CPAG Handbook suggests that decision maker may be willing to make payments if claimant can show hardship . However, I can't recollecting asking, so I don't know how likely this is.

Tony

Many thanks

I've had them agree to payment where I've shown hardship (most frequently in right to reside cases) and this hasn't been too much of a problem - the fact that DMs in RtR cases generally have a bit more of an idea (even if we disagree on that specific case) might have made things a bit easier. Such payments cannot, of course, later result in an overpayment of benefit should the SoS later succeed in an appeal to the UT.