ESA following successful FTT

Cl won a LCW appeal in August, IB conversion, is entitled to income-related ESA. DWP asked for a statement of reasons this month, tribunal refused as outside the time limit. As far as I know, the DWP did not give notice to the client that they intended to appeal.

CPAG (p1374, p1218) says DWP can suspend benefit if they are pursuing a further appeal - does this refer to the work component, or to the whole award? Is a new claim required in this situation?

I am thus far unclear on what cl has actually been paid since August, but certainly not the 12+ months of arrears that are owed.

If anyone is wondering, there is a partial answer to my question at reg 20(2) of the D&A regs, and as per the DMG at 06570:

06570 The DM can suspend payment of benefit awarded by the FtT whilst an appeal to the UT is considered1. The suspension is imposed on receipt of the FtT’s decision notice. See DMG Paragraphs 04818. The circumstances when the suspension must be lifted are described at DMG paragraph 04822. This includes when the DM does not apply for a written statement of reasons within one month of the day he receives notice of the FtT’s decision.
1 SS Act 98, s 21; SS CS (D&A) Regs, reg 16 & 20

Reg 16 Decisions and Appeals regs. SOS can suspend “in whole or in part”

In the example discussed on the other thread they didn’t suspend, they put the WRAC into payment instead of the SC which is norty.  I suspect their IT can’t cope with suspension “in part” suspension and it’s administrative convenience rather than incompetence at the foot of it.

Yep. Though if they apply out of time for a statement reasons, I see no grounds for suspending at all.

Of course, there may be a difference between “suspending implementation of” and “getting around to implementing” a tribunal decision, i.e. decision to delay vs simple admin delay.