× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Excessive time waiting for decision - no benefits in meantime

Shazz
forum member

Welfare Reform Team Northwards Housing Manchester

Send message

Total Posts: 32

Joined: 14 April 2015

Hi

My client came to see me last week and explained she was previously on an indefinite award of High Rate DLA mob and care. However, from what she explained, her DLA has been suspended since December 2016 and is under investigation. She explained that she was interviewed under caution and at the advice of her solicitor to say “no comment”. From what she told me, it seems that information was supplied to DLA about her eligibility for this benefit. In addition, her HB has been suspended and now her ESA has been suspended pending this investigation. She has two children and at the moment is living off Child Ben and Child Tax Credit. (She has 2 young children)

She explained the interview was about her household composition. Now I can understand if there are doubts about whether or not her partner lives/has been living with her as reading between the lines I think this may be the issue. I can understand that her HB and ESA would be stopped. However, when my client presented to me she was visibly struggling to walk and use her hand as she has cerebral palsy, which is why I can not understand why the decision about the DLA benefit is taking so long, or even being questioned in the first place. She was told at the interview under caution that it was about “household composition” and not about questioning her disability and I saw this letter which stated this. It didn’t say anything about her disability.

She has tried on numerous occasions to phone these benefits (me too) only to be told they are waiting for a decision and that they can not say when it will be made but just to keep phoning. This is almost 3 months later and my client is struggling more and more. Her rent arrears have increased as a result of her HB stopping and now she is being taken to court because of rent arrears.

I’m really at a loss of how to speed things up for her and concerned about why it is taking so long but when we ask why her DLA has stopped they will only say it’s “under investigation” and can’t say anything else.

If anyone has any advice or comments this would be most appreciated. Thanks

Peter Turville
forum member

Welfare rights worker - Oxford Community Work Agency

Send message

Total Posts: 1659

Joined: 18 June 2010

This is not uncommon. There are various posibilities none of which are guaranteed to work!

ask MP to take up the delay with DWP
serve notice before action on DWP solicitors that the delay and continuing suspension of payment is unreasonable
notify a change of circumstances (i.e. things are now different to the alleged circumstances - even if client is also disputing those circumstances)
same action against LA for HB

for ESA/JSA/IS where there has been an investigation and IUC decisions are usually made by Fraud Investigation Service (FIS) decision makers (rather than usual Benefit Centre) at Merthyr Tydfil or Coatbridge. In my experience it is not unusual for FIS to have made a decision but not issue it to the claimant! The first the claimant knows about it is the overpayment decision from DWP Debt Management.

If LA HB have been involved in the investigation (FIS now undertake investigations for HB as well as DWP benefits) they may be waiting on DWP decisions before making their own.

good luck!

Mike Hughes
forum member

Senior welfare rights officer - Salford City Council Welfare Rights Service

Send message

Total Posts: 3138

Joined: 17 June 2010

Formal complaint but making it clear it also serves as a letter before action.

MP will be fobbed off and the creation of a dummy file for the MPs case often introduces further delay.

Shazz
forum member

Welfare Reform Team Northwards Housing Manchester

Send message

Total Posts: 32

Joined: 14 April 2015

Many thanks for both your advice on this. I was at a complete loss with it. Thank you