Dealing with delays

Level: Standard
NOS: LA50

This course looks at the legal and practical issues faced in trying to resolve issues of delay when advising benefit and tax credit claimants. The problem of delay can occur at all stages of a case:

• Where a claim has been made and a decision is awaited
• Where an award has been made but payment is not made
• Waiting for assessment to see which group an ESA claimant should be in
• Waiting for a revision or supersession request to be dealt with
• Waiting for an appeal to be heard and the tribunal decision put into payment

Unlike many areas welfare rights advisers deal with, problems with delay in all these situations share the common feature that there is no wrong decision which can be challenged. However, there are legal and practical remedies that can get things done speedily- these vary dependent on where the delay occurs within this system.

This course aims to look at the different methods of resolving issues with delay in the above areas and includes details and examples of the use of the threat of judicial review, complaints procedures and tribunal procedure rules to resolve delay.