I took over representation for a client in September 05. He has had his DLA payments suspended and is possibly being prosecuted for failure to disclose relivant change in circumstances. He made a standard DLA appeal to try and get his award back. This was heard, but adjourned in Oct 05. The chair, correctly, refused to hear the case until a decision had been made by the DWP regarding prosecution.

Since February 05 when his DLA payements were first suspended (after a fraud investigation meeting at his local JS PLUS) my client is no further down the line. He is still being told that a prosecution may ensue and that his DLA appeal cannot be heard until the prosecution matter is resolved.

Despite months of phone conversations, letter writing and complaints to seniour management, no one can tell me what is happening with his case. We are over a year down the line now and it looks like they are not in any hurry! The client has not even been told that there definately is a prosecution case, mearly that it is with DWP solicitors.

Does anyone know any legal way to hurry them or of any DWP policies that put a time limit on how long they can be "processing" a claim? As ever, no one will given me a satisfactory answer and in the mean time my client is in limbo!

i am unclear about the tribunal's refusal to give a decision until after the decision on prosecution... is this because the case is suspended, not disallowed?

it should not take over 12 months to make the decisions on benefit entitlement, and someone should be able to answer your questions on what is happening to your case and what is causing the delay. i haven't dealt with DLA fraud cases - if it works like mainstream benefits, senior management are out of the loop, and fraud operate in unchecked autonomy- fraud management would be likely to get your letters to respond to, or even the investigator involved... you might want to get the local MP involved...the tv programme (see other thread) pretty much nails the lie hitherto always denied, about the separation of fraud and decision-making powers (or was that just a bit of acting for the tv?)

i really can't see, assuming the case is with solicitors branch for a decision on prosecution, how that decision can be made until the evidence has been referred to a decision-maker - they would surely need it to be established that there was a failure to report a relevant change of circumstances, ie one affecting entitlement, and if a disallowance decision has been made, and the claimant disputes it, until the tribunal has decided it... the criminal court doesn't have jurisdiction to decide a disability question....??? can you clarify the tribunal's refusal to give a decision - you say it's correct...?

suspension for this length of time sounds rather the like an abuse of power...which they get away with rather a lot...

jj

With regard to the criminal case, you may wish to write to them stating an intention to seek judicial review using article six of the HRA which states a requirement to give access to a hearing within a reasonable time. A years delay in bringing criminal proceedings in such a relatively straight forward matter is, in my view, wholly unreasonable.

Regards
Paul

It has been discussed before on these pages, surely if client wins appeal there can be no prosecution.So if you are confident on appeal you need to resolve it . Furthermore a judical review is correct as the appeal is certainly a seperate process to criminal proceedings.

I am in similar situiation. However, DWP have charged client with "failing to keep accounts" That is failing to keep DWP updated about changes in condition. In particular the three DLA renewal forms. I have appealed decsions to stop DLA and ICA. I feel this is new development. Anyone el;se had this problem

i haven't heard of this. what legislation has he been charged under?

The Theft Act

The only time I have sen the department use that type of charge is when they have caught an employer knowingly employing people on benefits.