DWP Central Freedom of Information Team

e-mail: [DWP request email]

Our Ref: VTR1360

19 January 2009

Dear A.Nelson

Freedom of Information Request - VTR 1360

I am writing in response to your request for information about Disability Living Allowance Appeals which you requested on 30 December 2008.

“Please could you tell me what is the time scale for a DLA Appeal. I would particularly like to know how long the DLA have to arrange an appeal date. What is the law on the DLA running out of time and the appeal being upheld? As the public only get 28days to make the appeal, surely they have a time limit to prove their case?”

The time limit for appealing to a First Tier Tribunal against a Decision Maker's decision in respect of DLA is one month from the day the notification of the Decision Makers decision. In certain circumstances this period can be extended by an extra 14 days. A copy of the explanatory leaflet GL24 can be found here http://www.jobcentreplus.gov.uk/JCP/stellent/groups/jcp/documents/websitecontent/dev_012310.pdf

In certain circumstances the one month time limit can be extended and the Tribunal Service will consider a late appeal. Where an appeal is made outside the normal time limits, it must include the reason why it is late. No appeal can be made more than 12 months after the normal time limits. An appeal can be treated as made in time if the Secretary of State is satisfied that it is in the interests of justice to do so.

There are no legislative time limits for the Secretary of State to produce a response to the Tribunal Service. A copy of the legislation concerning the time limits to appeal against a Decision Makers decision can be found here http://www.opsi.gov.uk/si/si2008/uksi_20082685_en_1 .

However I would like to assure you that the Department of Work and Pensions is conscious of the need to provide a prompt and efficient service to all customers.

When the Secretary of State has issued the response to the Tribunals Service, the Tribunals Service will then arrange a date and a location for the appeal hearing to take place. The Tribunal Service is part of the Ministry of Justice for contact details and information about this organisation please follow this link. http://www.tribunals.gov.uk/qasvenuefinder.aspx

If you are not satisfied with the handling of your request please tell us why, to the email address above, within two calendar months of the date of this letter. DWP will then arrange for someone to conduct an internal review of your request and its handling/decision. The review will be conducted by a senior officer. This person will have taken no part in the original decision. You will be advised of their decision in writing.

If you are not content with the outcome of the internal review you have the right to apply directly to the Information Commissioner to look into the way your request has been handled. Please note that generally the Commissioner cannot make a decision unless you have first exhausted DWP's own complaints procedure. The Commissioner can be contacted at:

FoI Complaints Resolution

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Fax: 01625 524 510

email: [email address]

Yours sincerely

DWP Central FoI Team