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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Suspension of PIP pending DWP request for reasons etc.

Unite1
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Employment law & benefit appeal rep, the Initiative Factory, Liverpool

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My client was awarded ERDL & ERM at appeal on 30 May. However, the DWP requested reasons etc. and suspended payment. Now, 4 months later we still await the reasons. My thinking is that, as it stands my client is entitled to the aforementioned PIP payments. Is there a way I can get the DWP to pay out? Is the suspension lawful? Any help and advice would be very useful, thanks!

Elliot Kent
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They can suspend payments whilst waiting for the SOR or going through the appeals process and it is policy to do so in most cases. See appendix 2 of ADM A5. Suspension is discretionary and it is possible to ask for the suspension to be lifted - generally on the basis of hardship.

SORs are generally meant to be produced within 1 month of the request and, whilst that really isn’t a hard and fast rule, it wouldn’t be unreasonable to chase it up with HMCTS at this point.

Mike Hughes
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Just to clarify. If DWP requested RoP and SoR then you’re not going to be getting a copy of anything unless you also requested it. First you’ll know of progress is when leave to appeal to UT is accepted and you get notification. So, you’ll need to either make the hardship case or keep chasing DWP and assume they’re telling the truth when they say they’ve not had them.

Better to chase HMCTS perhaps though. Last case I had it turned out they were not being truthful. HMCTS had sent them the documents 2 months earlier. They proved incapable of linking them and I had to spend the best part of a week chasing round various remote locations until I got someone to action it.

John Birks
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In my experience all parties will receive a copy of the WSR - I’ve had more than a few WSR that we did not request.

Time limit is below but add time either side for admin. i.e. the application is received by the clerk to the tribunal and not the tribunal itself.

34(5) The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008. 

If a party makes an application in accordance with paragraphs (3) and (4) the Tribunal must, subject to rule 14(2) (withholding information likely to cause harm), send a written statement of reasons to each party within 1 month of the date on which it received the application or as soon as reasonably practicable after the end of that period.

Mike Hughes
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Thanks for that John. Really interesting. I have never had a copy in 25 years when DWP have requested. Clearly it’s just me 😊

John Birks
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I can only tell you of my experience.

I’ve had one recently for an IS OP where the SSWP didn’t even bother to turn up.

Unite1
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Mike, John thank you for your comments. This is the first request I’ve dealt with in over 30 years. Hence, my ignorance. My client complained to HMCTS and hey ho the SoR and RoP popped through her door today. She is dropping them off to me, tomorrow. It will be interesting to find out the date of them.

John Birks
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Just so you know - The DWP look to be actively seeking out cases to challenge post appeal even where there is no rep.

We had one recently where on appeal a client who was on 7pts had a 2Point net gain as 1e was substituted for 1d.

The DWP were successful in arguing at the UT that 1e did not apply the decision was set aside and at a further FTT the appeal was unsuccessful in that 7points remained the score.

stevenmcavoy
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ive always got a copy as well.

Unite1
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Employment law & benefit appeal rep, the Initiative Factory, Liverpool

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John Birks - 28 September 2017 09:36 AM

Just so you know - The DWP look to be actively seeking out cases to challenge post appeal even where there is no rep.

We had one recently where on appeal a client who was on 7pts had a 2Point net gain as 1e was substituted for 1d.

The DWP were successful in arguing at the UT that 1e did not apply the decision was set aside and at a further FTT the appeal was unsuccessful in that 7points remained the score.

Thanks John