Appeal won but no payment issued and client now informed by DWP they are appealing against Tribunal decision

This is an ongoing case - we were successful at appeal for our client increasing her LRM of DLA to LRC as well - this was back in July. The arrears should have been backdated to March this year but our client has received no payment to date.

This has been queried and they have been informed that DWP have decided to appeal against the Tribunal decision and therefore no payment due until it is heard again. The DWP sent a representative to the hearing in July and have not updated us that they have decided to appeal.

Can DWP withold payment? Tribunal Service claim to have not received any notification from DWP of a further appeal.

All advice appreciated - have not come across this scenario before!

The DWP can withhold payment pending an appeal.  But the Department cannot and must not drag its feet.  The time limits for requesting a statement of reasons and applying for permission to appeal (the latter predicated of course upon finding an error of law) can be extended under rule 5(3) of the First Tier Tribunal Rules if neither of these things has been done timeously.  Unnecessary delay can lead to a refusal to extend time and could even amount to maladministration.  Ther is only a right of appeal on a point of law.  There can be no further appeal on the facts.

I don’t know whether it still happens, but the decision notice or the notes associated with it used to warn that payment might be delayed if the Respondent was considering appealing.