Sent in a late appeal in Jan - no response as to whether the appeal has been accepted late.

Just been told by an officer that in this Department late appeals are being "stockpiled" to allow them to concentrate on other appeals.

This seems all wrong to me - is the Secretary of State allowed to sit on his hands in this way? Can I argue he must pass the matter to a legally qualified panel member? D&A regs seem to have a lot about what may be done with a late appeal but not much about what must be done.

In short, have I got any options other than sitting and drumming my finger-nails?

Sue

Wed 03-Sep-08 04:20 PM by Kevin D

In my view, it is not lawful to "stockpile" appeals.

Based on the info given, I would bypass the DWP and write directly to TTS setting out, fully, the circumstances and the response given to you by the DWP. Ask the Tribunal (politely) to process the appeal, citing the principles referred to in R(H) 01/07 (aka CH/2812/2005) - see para 34.

Yet another example of the DWP apparently believing it can do what it wants, when it wants, how it wants, to whom it wants..... with little or no repercussion.

Yes you have. A late appeal must be processed in a reasonable amount of time just like any other. What do they mean by ‘stockpiling’ anyway? If they mean not looking at them as long as there is an in-time appeal on someone’s desk then that would be unlawful.

And, of course, if it’s a subsistence benefit then the more pressing the time and the longer the delay then the more that delay would be unreasonable.

As well as Kevin's suggestion, you could also write to the departmental manager or customer services manager threatening them with jr and/or the ombudsman. Copy your letter to the DWP Solicitors Office. I’ve usually found them very helpful in the past.

Thank-you both.