Reinstating benefits after suspension but before a final decision

I have a cl who has had HB,CTS,PIP and Pension Credit suspended whilst DWP are investigating a number of matters with a possible fraud prosecution added for good measure.

There has been no final decision yet one way or the other and the cl. is busily gathering evidence together.
As far as I can see the case hinges on numerous trips to a non-EU country to look after a very sick relative. It seems that DWP are considering whether the cl was living abroad and,even if they were not, whether they were overpaid because they were out of the UK, failed to notify anyone ( which the cl concedes) and possibly that the fact that they made numerous journeys through airports etc calls the PIPs into question, we are waiting for decisions.

The relative has now passed away so there is no longer any need for such frequent journeys.

There seems little doubt that the suspension is causing hardship and we are going to write asking for reinstatement of all benefits on those grounds and adding that (following the death of the relative)there are not likely to be any further issues about frequent trips abroad and any alleged overpayment would not continue.

CPAG et al refer to benefits being reinstated pending decisions but does not cite any regulations/laws that enable this. Does anyone have any specific regs that permit the reinstatement of HB, PC and PIPs that I can quote?

Yes but you’ve got it back to front. The legislation doesn’t deal with reinstatement but with the suspension of benefit. At the moment, your client is entitled to the benefits at issue but the DWP has elected to suspend them under the powers at reg 44 D&A 2013 and equivalent provisions. Suspension is discretionary and therefore whenever the DWP could suspend benefit, they can elect not to. This decision needs to be made in accordance with public law principles and is amenable to judicial review if this is not done.

The DWP has published guidance on this topic: https://www.gov.uk/government/publications/suspension-and-termination-of-benefits-staff-guide/suspension-and-termination-guide

In addition to what Elliot says;

1. Take a look at the pre-action protocol letters on the judicial review section of CPAG’s website. Some of these deal with suspension, the lifting of suspension and unreasonable delay - there are some very useful sections there even if you are not yet at the stage of issuing a PAP letter.

2. Your strongest arguments are the hardship caused, that the client continues to meet the entitlement conditions for benefit* and that given the recent death** of the relative there will be no further regular journeys abroad - so whatever is eventually decided in respect of entitlement/overpayment when he was travelling, he remains entitled now. Emphasise those points.

3. Have a bit of a scoot about before actually issuing a PAP letter - can you find a solicitor who will act? CPAG’s JR project can sometimes assist with that. Whilst you may be a way off that, in my experience it is best to have someone lined up. And DWP-ism has, in the last year or so, started to infect DWP Legal Advisers. By which I mean, you could be sure in the past to receive a prompt response and one that complied with PAP time limits. More importantly, they would settle where possible and not try to defend the indefensible - more recently, they’re much more like the rest of the DWP. So given that you might actually end up issuing a claim, assume from the outset that is what will happen…...