Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, for what reasons an (a) Employment and Support Allowance, (b) Personal Independence Payment and (c) Universal Credit appeal may be lapsed by her Department when a decision is not changed after a mandatory reconsideration.

When preparing an appeal response, the department will review the original decision, considering both evidence previously submitted to DWP and any new evidence submitted by the claimant in support of their appeal. A decision can be revised and the appeal lapsed on any ground which has the effect of changing the decision in the claimant’s favour.

The aim of lapsing is to ensure that decisions which should be changed are identified at this stage, so that the claimant does not need to proceed to an appeal hearing. Where the change does not award the claimant the maximum they could be awarded by a tribunal, the appeal will only be lapsed with the claimant’s agreement.