Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, how many and what proportion of appeal Tribunals in relation to (a) PIP, (b) DLA and (c) ESA has the Department not contested in the last 12 months.

DWP does not contest appeals. Claimants have a legal right to dispute decisions made by the Secretary of State in relation to aspects of their Social Security entitlement. They do so by lodging appeals against those decisions with His Majesty’s Courts and Tribunals Service (HMCTS), in most cases following a Mandatory Reconsideration.

There are no cases in the First-tier Tribunal where DWP would bring an appeal against a claimant. DWP acts as a respondent to the appeal, and will provide a written response in all cases clarifying the current decision and the legal and evidential basis on which it was made. HMCTS considers the available evidence, including evidence provided in the hearing by the appellant, and will determine whether to overturn or uphold the decision.

If the decision of the First-tier Tribunal contains a potential error in law, either party to the appeal may seek leave to challenge the tribunal’s decision. The decision may be set aside by a District Judge of the First-tier Tribunal, or go on to be considered by the Upper Tribunal.