Asked by: Kate Osamor (Independent - Edmonton)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, how many Mandatory Reconsiderations have been completed following a decision made under the Risk Review Process; and what proportion of those reconsiderations led to the decision being overturned.
Answered by Alex Burghart - Parliamentary Secretary (Cabinet Office)
Since 4th July 2022, when collation of Mandatory Reconsideration figures commenced under the Risk Review process, there have been 174 Mandatory Reconsiderations with 1 case being revised.
Asked by: Kate Osamor (Independent - Edmonton)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, pursuant to the Answer of 13 October 2022 to Question 55080 on Social Security Benefits: Appeals, whether her Department reviews every appeal to decide whether or not it should lapse.
Answered by Claire Coutinho - Secretary of State for Energy Security and Net Zero
When preparing an appeal response the Department will review the decision, considering evidence previously submitted and any new evidence received with the appeal. The grounds for any revision will depend on the specifics of the individual case. Our overarching aim is to ensure that decisions which should be changed and so do not need to proceed to a hearing are changed at this stage. 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.
Asked by: Kate Osamor (Independent - Edmonton)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, pursuant to the Answer of 13 October 2022 to Question 55080 on Social Security Benefits: Appeals, for what reason her Department make a decision to lapse an appeal after previously having decided not to reconsider the decision at the mandatory reconsideration stage.
Answered by Claire Coutinho - Secretary of State for Energy Security and Net Zero
When preparing an appeal response the Department will review the decision, considering evidence previously submitted and any new evidence received with the appeal. The grounds for any revision will depend on the specifics of the individual case. Our overarching aim is to ensure that decisions which should be changed and so do not need to proceed to a hearing are changed at this stage. 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.
Asked by: Kate Osamor (Independent - Edmonton)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, how many appeals have been completed following a decision made under the Risk Review Process; and what proportion of those appeals were (a) lapsed and (b) overturned by the Tribunal.
Answered by Alex Burghart - Parliamentary Secretary (Cabinet Office)
From 21st January 2022 when we started collating figures, we have completed 54 appeals. Breaking this figure down, 22 were lapsed and 14 overturned.
The balance is made up of 5 withdrawn appeals, 2 partially upheld appeals and 11 cases where the appeal was refused.
Asked by: Vicky Foxcroft (Labour - Lewisham, Deptford)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what was the total cost to the public purse of legal aid funding for Upper Tribunal appeals against a decision made by the social security tribunal in each year since 2015.
Answered by Gareth Johnson
We do not hold the information requested regarding the proportion of upper tribunal appeals made against a decision by the social security tribunal which were funded by legal aid in each year since 2015.
We can answer the second question on Legal aid expenditure for Upper Tribunal appeals against a decision made by the social security tribunal in each year since 2015. This data is set out in the table below:
Financial Year | Volume | Expenditure, £ |
2014-15 | 169 | 46,028.41 |
2015-16 | 220 | 57,356.88 |
2016-17 | 481 | 150,102.78 |
2017-18 | 453 | 144,750.90 |
2018-19 | 337 | 118,980.41 |
2019-20 | 203 | 55,327.55 |
2020-21 | 130 | 38,729.96 |
2021-22 | 131 | 51,423.31 |
General expenditure in the civil category, which would include Upper Tribunal appeal cases in the Social Security category is published as part of LAA official quarterly statistics: https://www.gov.uk/government/statistics/legal-aid-statistics-quarterly-april-to-june-2022.
Asked by: Vicky Foxcroft (Labour - Lewisham, Deptford)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what proportion of Upper Tribunal appeals made against a decision made by the social security tribunal were funded by legal aid in each year since 2015.
Answered by Gareth Johnson
We do not hold the information requested regarding the proportion of upper tribunal appeals made against a decision by the social security tribunal which were funded by legal aid in each year since 2015.
We can answer the second question on Legal aid expenditure for Upper Tribunal appeals against a decision made by the social security tribunal in each year since 2015. This data is set out in the table below:
Financial Year | Volume | Expenditure, £ |
2014-15 | 169 | 46,028.41 |
2015-16 | 220 | 57,356.88 |
2016-17 | 481 | 150,102.78 |
2017-18 | 453 | 144,750.90 |
2018-19 | 337 | 118,980.41 |
2019-20 | 203 | 55,327.55 |
2020-21 | 130 | 38,729.96 |
2021-22 | 131 | 51,423.31 |
General expenditure in the civil category, which would include Upper Tribunal appeal cases in the Social Security category is published as part of LAA official quarterly statistics: https://www.gov.uk/government/statistics/legal-aid-statistics-quarterly-april-to-june-2022.
Asked by: Kate Osamor (Independent - Edmonton)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, pursuant to the Answer of 7 July 2022 to Question 27677 on Social Security Benefits: Appeals, whether it is her Department's policy to provide written reasons for a lapsed appeal to claimants.
Answered by Claire Coutinho - Secretary of State for Energy Security and Net Zero
Information about the processes and actions taken regarding lapsed appeals can be found in the guidance attached.
To confirm: Where a decision is revised, and appeal lapsed, we will notify the claimant or their representative in writing setting out the reasons for the change of decision, and the relevant appeal rights. Where the revised decision does not give the claimant the level of award they were seeking on appeal the appeal will not be lapsed without agreement from the claimant and, where appropriate, their representative, either by telephone or in writing.
The revision (and lapse) can be on any ground which has the effect of changing the decision in the claimant’s favour. Each case is considered on its own merits which of course means that the numbers lapsed will vary over time.
Asked by: Kate Osamor (Independent - Edmonton)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, pursuant to the Answer of 7 July 2022 to Question 27677 on Social Security Benefits: Appeals, whether it is her Department's policy to inform claimants of a lapsed appeal by telephone only.
Answered by Claire Coutinho - Secretary of State for Energy Security and Net Zero
Information about the processes and actions taken regarding lapsed appeals can be found in the guidance attached.
To confirm: Where a decision is revised, and appeal lapsed, we will notify the claimant or their representative in writing setting out the reasons for the change of decision, and the relevant appeal rights. Where the revised decision does not give the claimant the level of award they were seeking on appeal the appeal will not be lapsed without agreement from the claimant and, where appropriate, their representative, either by telephone or in writing.
The revision (and lapse) can be on any ground which has the effect of changing the decision in the claimant’s favour. Each case is considered on its own merits which of course means that the numbers lapsed will vary over time.
Asked by: Kate Osamor (Independent - Edmonton)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, pursuant to the Answer of 7 July 2022 to Question 27677 on Social Security Benefits: Appeals, whether it is her Department's policy to inform claimants of a lapsed appeal by telephone only.
Answered by Claire Coutinho - Secretary of State for Energy Security and Net Zero
Information about the processes and actions taken regarding lapsed appeals can be found in the guidance attached.
To confirm: Where a decision is revised, and appeal lapsed, we will notify the claimant or their representative in writing setting out the reasons for the change of decision, and the relevant appeal rights. Where the revised decision does not give the claimant the level of award they were seeking on appeal the appeal will not be lapsed without agreement from the claimant and, where appropriate, their representative, either by telephone or in writing.
The revision (and lapse) can be on any ground which has the effect of changing the decision in the claimant’s favour. Each case is considered on its own merits which of course means that the numbers lapsed will vary over time.
Asked by: Kate Osamor (Independent - Edmonton)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, pursuant to the Answer of 7 July 2022 to Question 27677 on Social Security Benefits: Appeals, whether her Department informs representatives of claimants that an appeal has lapsed.
Answered by Claire Coutinho - Secretary of State for Energy Security and Net Zero
Information about the processes and actions taken regarding lapsed appeals can be found in the guidance attached.
To confirm: Where a decision is revised, and appeal lapsed, we will notify the claimant or their representative in writing setting out the reasons for the change of decision, and the relevant appeal rights. Where the revised decision does not give the claimant the level of award they were seeking on appeal the appeal will not be lapsed without agreement from the claimant and, where appropriate, their representative, either by telephone or in writing.
The revision (and lapse) can be on any ground which has the effect of changing the decision in the claimant’s favour. Each case is considered on its own merits which of course means that the numbers lapsed will vary over time.