Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, pursuant to the Answer of 24 January to Question 123049, if the Government will review the guidelines for decisions on mandatory reconsiderations for employment support allowance claims to take account of the decline in the number of cases in which the mandatory reconsideration decision is upheld since the introduction of that system.

Mandatory reconsideration benefits claimants, as it enables (i) the Department to provide a clear explanation of the decision; (ii) the claimant a further opportunity to present their case, including providing new evidence; and (iii) crucially, for decisions to be changed at the earliest opportunity, when appropriate.

The overturn rate of appeals does not mean that mandatory reconsideration is not working. The main reason decisions are overturned on appeal is due to additional evidence, both oral and written, being provided at tribunal, which was not previously available at the initial decision or the mandatory reconsideration stage.

There are strands of work in progress to drive continuous improvement in the appeals process. This includes improving the way further evidence is collected to ensure all relevant information is available to decision makers at the earliest opportunity and the recruitment of approximately 150 Presenting Officers who represent DWP cases at Tribunals and provide valuable insight into why decisions are overturned.