DWP refusing to accept tribunal decision

My brother was telling me a friend of his won his tribunal but the DWP are still refusing to pay him anything. Can they do that?

Any links as to what the "limited circumstances under which thay can pursue an appeal" are

cats6 wrote: Any links as to what the "limited circumstances under which thay can pursue an appeal" are

Hi c6,

The rules regarding The DWP appealing a First Tier Tribunal (FTT) decision to The Upper Tier Tribunal UTT) are exactly the same as those for The Appellant.

An appeal to The UTT can only be made if it can be shown that The FTT "erred in law" in coming to their decision.

“Errors in Law” can include : Insufficient findings of fact, failure to explain why they have disregarded any evidence favourable to The Appellant/DWP, failure to explain why they’ve relied on any material evidence against The Appellant/DWP particularly where that evidence was put at issue by The Appellant/DWP, complete mishandling of relevant evidence or applying the law incorrectly, etc.

If The DWP have requested a : Statement of Reasons (S of R) from The FTT, you will receive a copy as well.

Once they receive The S of R, they have a further month to seek leave to appeal to The UTT.

See also : What is an Error of Law?

&

Appealing to The Upper Tier, DR UK Factsheet

So neither The DWP nor The Appellant can seek leave to appeal to The UTT simply because they do not agree with The FTT decision.

An "Error of Law" must have occurred in their decision making process.

bro58

Thanks Gordon and bro58.

"Unfortunately, until they decide to accept the Tribunal result, they are entitled to withhold payment on the claim. I am afraid that these matters can take months to resolve, there is nothing that this friend can do in regard to hastening the process."

I presume that if they don't seek leave to appeal within a month of receiving the S of R then they are treated as having accepted the result though and thus can't withhold payment any longer?

How long do they have to request the S of R and how long can it take for this to be provided to them? I presume the FTT have to provide it within a certain time and can't just take as long as they like?

David Jones wrote: Thanks Gordon and bro58.

"Unfortunately, until they decide to accept the Tribunal result, they are entitled to withhold payment on the claim. I am afraid that these matters can take months to resolve, there is nothing that this friend can do in regard to hastening the process."

I presume that if they don't seek leave to appeal within a month of receiving the S of R then they are treated as having accepted the result though and thus can't withhold payment any longer?

How long do they have to request the S of R and how long can it take for this to be provided to them? I presume the FTT have to provide it within a certain time and can't just take as long as they like?

Hi DJ,

Both parties, DWP or Appellant have one month from the date of the FTT Decision Notice to request an S of R.

Once received, a further month is allowed from the date of the S of R to seek leave to appeal to The UTT.

If the DWP have requested an S of R, as they are considering appealing to The UTT, you would know, as you would also receive a copy of the S of R.

If you have heard nothing after the initial month has elapsed, you should contact The FTT to see whether The DWP have requested an S of R.

If not, you can ask the FTT to make directions to The DWP that they action The FTT decision.

This would obviously include The DWP paying you any back payment of arrears owed as a result of The FTT decision.

All this information can be found from the blue links that we have already provided for you.

bro58