Delayed response and denial of justice
Delayed response and denial of justice
The Supplementary Benefits Service (SPC) is the authority responsible for allocating, on request and subject to conditions, financial benefits to supplement old-age and survivors' insurance and disability insurance when a person's income is insufficient to cover their basic needs. However, Article 29 of the Federal Constitution states that everyone has the right to a fair hearing in any judicial or administrative proceedings and to a decision within a reasonable time. The question of denial of justice thus arises when the authority violates the principle of promptness and fails to render a decision within a timeframe appropriate to the nature and circumstances of the case. In practice, when the wait becomes too long, the authority should first be given formal notice to render a decision. Article 56 of the Federal Act on the General Part of Social Insurance Law (LPGA) specifically states that an appeal may be lodged if the insurer fails to make a decision despite a request from the person concerned. The criteria that will generally be taken into account to assess whether the authority has delayed too long, to the point that the administration is refusing to make a decision, are in particular the degree of complexity of the case, what is at stake in the dispute and the difficulty of clarifying the factual issues. A simple delay of a few months is not in principle considered inadmissible, but case law nevertheless holds that a wait of a year or more may, depending on the circumstances of the case, constitute a denial of justice. When an appeal is allowed, the Tribunal generally orders the respondent authority to render a decision as soon as possible, issuing mandatory instructions to be complied with.
