Asked by: Ian C. Lucas (Labour - Wrexham)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, how many times his Department has appealed against a tribunal decision reinstating a personal independence payment award in the last 12 months.
Answered by Penny Mordaunt
Appeals generally are against the original award decision and in many cases would be to adjust a successful award to a higher level rather than being against a nil decision.
Appeals to the Upper Tribunal can only be made where a decision is believed to be erroneous in law; appeals cannot be made solely on the facts.
From 1 November 2015 to 31 October 2016 the Department made 215 applications to appeal a First-tier Tribunal decision relating to Personal Independence Payment (PIP) to the Upper Tribunal.
During that period, 69 of the Department’s applications for appeal on PIP were successful, resulting in the decision being remitted to another First-tier Tribunal hearing.
The Department’s applications are submitted in line with The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008, Rules 34(4) and 38(3)(a). The Department has one month to request the Statement of Reasons following the issue of a Tribunal decision. Following the issue of the Statement of Reasons the Department then has a further month to consider whether to make an application to appeal against the First Tier decision.
Information relating to average time taken for a decision on whether to appeal a tribunal decision to award PIP is not held and could only be obtained at disproportionate cost.
Asked by: Ian C. Lucas (Labour - Wrexham)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, how many appeals made by his Department against a tribunal decision awarding personal independence payment have been successful in the last 12 months.
Answered by Penny Mordaunt
Appeals generally are against the original award decision and in many cases would be to adjust a successful award to a higher level rather than being against a nil decision.
Appeals to the Upper Tribunal can only be made where a decision is believed to be erroneous in law; appeals cannot be made solely on the facts.
From 1 November 2015 to 31 October 2016 the Department made 215 applications to appeal a First-tier Tribunal decision relating to Personal Independence Payment (PIP) to the Upper Tribunal.
During that period, 69 of the Department’s applications for appeal on PIP were successful, resulting in the decision being remitted to another First-tier Tribunal hearing.
The Department’s applications are submitted in line with The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008, Rules 34(4) and 38(3)(a). The Department has one month to request the Statement of Reasons following the issue of a Tribunal decision. Following the issue of the Statement of Reasons the Department then has a further month to consider whether to make an application to appeal against the First Tier decision.
Information relating to average time taken for a decision on whether to appeal a tribunal decision to award PIP is not held and could only be obtained at disproportionate cost.
Asked by: Ian C. Lucas (Labour - Wrexham)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what the average length of time taken was by his Department for a decision on whether to appeal a tribunal decision to award personal independence payment.
Answered by Penny Mordaunt
Appeals generally are against the original award decision and in many cases would be to adjust a successful award to a higher level rather than being against a nil decision.
Appeals to the Upper Tribunal can only be made where a decision is believed to be erroneous in law; appeals cannot be made solely on the facts.
From 1 November 2015 to 31 October 2016 the Department made 215 applications to appeal a First-tier Tribunal decision relating to Personal Independence Payment (PIP) to the Upper Tribunal.
During that period, 69 of the Department’s applications for appeal on PIP were successful, resulting in the decision being remitted to another First-tier Tribunal hearing.
The Department’s applications are submitted in line with The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008, Rules 34(4) and 38(3)(a). The Department has one month to request the Statement of Reasons following the issue of a Tribunal decision. Following the issue of the Statement of Reasons the Department then has a further month to consider whether to make an application to appeal against the First Tier decision.
Information relating to average time taken for a decision on whether to appeal a tribunal decision to award PIP is not held and could only be obtained at disproportionate cost.
Asked by: Ian C. Lucas (Labour - Wrexham)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what proportion of people currently carrying out personal independence payment assessments are healthcare professionals.
Answered by Justin Tomlinson
All Personal Independence Payment assessments are carried out by a fully qualified Health Professional.
Asked by: Ian C. Lucas (Labour - Wrexham)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what discussions he has had with Ministers of the Northern Ireland Executive on the introduction of personal independence payments in Northern Ireland.
Answered by Justin Tomlinson
The introduction of Personal Independence Payment (PIP) is a devolved matter in Northern Ireland and is the responsibility of the Department for Communities. Ministers and officials maintain regular contact with their Northern Ireland counterparts on social security matters, for example by introducing the recently updated Reciprocal Arrangements.