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Written Question
Personal Independence Payment: Appeals
Tuesday 30th May 2023

Asked by: Baroness Thomas of Winchester (Liberal Democrat - Life peer)

Question to the Department for Work and Pensions:

To ask His Majesty's Government what assessment they have made of the proportion of Personal Independence Payments appeals which are successful at the tribunal stage; and what steps they intend to take in response.

Answered by Viscount Younger of Leckie - Parliamentary Under-Secretary (Department for Work and Pensions)

We are continuing to learn from decisions overturned at appeal. For example, we gather insight from Presenting Officers who regularly provide feedback from hearings they attend, with a view to learning from overturned decisions.

We have made improvements to the decision-making process at both the first decision and the mandatory reconsideration stage, giving decision-makers additional time to proactively contact claimants if they think additional evidence may support the claim.​


Written Question
Personal Independence Payment: Appeals
Wednesday 10th May 2023

Asked by: Baroness Thomas of Winchester (Liberal Democrat - Life peer)

Question to the Department for Work and Pensions:

To ask His Majesty's Government what percentage of Personal Independence Payment appeals which went to a tribunal were successful, in each year since those payments were introduced.

Answered by Viscount Younger of Leckie - Parliamentary Under-Secretary (Department for Work and Pensions)

The table below shows for those Personal Independence Payment appeals that were cleared at hearing, the proportion that were decided in favour of the claimant.

Financial Year

Percentage of Personal Independence Payment appeals that were cleared at hearing, that were decided in favour of the claimant

2013/14

26%

2014/15

50%

2015/16

61%

2016/17

65%

2017/18

68%

2018/19

73%

2019/20

77%

2020/21

76%

2021/22

70%

2022/23*

69%

Notes:

  1. This information has been extracted from the Tribunal Statistics Quarterly: October to December 2022 publication produced by the Ministry of Justice. The publication can be found here: https://www.gov.uk/government/statistics/tribunal-statistics-quarterly-october-to-december-2022.Table SSCS_3 Social Security and Child Support - Number of disposals cleared at hearing by outcomes and benefit type, 2007/08 to Q3 2022/23” has been used to produce these figures.
  2. Personal Independence Payment (New Claim Appeals) also includes Disability Living Allowance reassessed cases. Personal Independence Payment was introduced on 8 April 2013 and replaced Disability Living Allowance for those aged 16 or over.

The 2022/23 financial year is not complete, it will contain up to and including December 2022. The figures for this year are provisional and subject to revision in later publications.


Written Question
Personal Independence Payment
Friday 25th November 2022

Asked by: Baroness Thomas of Winchester (Liberal Democrat - Life peer)

Question to the Department for Work and Pensions:

To ask His Majesty's Government, further to the Written Answer by Baroness Stedman-Scott on 9 November (HL2940), what plans they have to direct assessors for Personal Independence Payments to speak to more claimants directly before they make an initial decision.

Answered by Baroness Stedman-Scott

Following the consultation with a heath professional and receipt of the subsequent functional assessment report, DWP Case Managers are trained to make outbound calls to customers, where necessary, as part of the decision-making process to clarify any gaps in evidence or further clarify customers’ restrictions.


Written Question
Personal Independence Payment: Appeals
Wednesday 9th November 2022

Asked by: Baroness Thomas of Winchester (Liberal Democrat - Life peer)

Question to the Department for Work and Pensions:

To ask His Majesty's Government what steps they intend to take in response to the data published by the Department for Work and Pensions on 1 October which showed that most Personal Independence Payment claimants successfully appealing a decision did not present new evidence at tribunals.

Answered by Baroness Stedman-Scott

The data published was for the period July 2013 up to March 2022, and covers the period since the introduction of the benefit. The aim of the decision-making process is to make the right decision as early as possible in the claim journey. We are constantly looking to improve our processes and learn from tribunal outcomes. Since PIP was introduced in 2013 we have made improvements to our decision-making process to ensure that we not only gather all material evidence as early as possible, but more that we carefully consider that evidence so that we identify the key facts that inform the decision made. Of course, Tribunals are independent and in discussing the same evidence directly with the claimant may obtain a different perspective and thereby reach a different conclusion.


Written Question
Employment Schemes: Disability
Monday 31st January 2022

Asked by: Baroness Thomas of Winchester (Liberal Democrat - Life peer)

Question to the Department for Work and Pensions:

To ask Her Majesty's Government whether they have increased the number of Disability Employment Advisors at Job Centres in the last 12 months.

Answered by Baroness Stedman-Scott

As at December 31st 2021 DWP had 894.9 full time equivalent FTE (ABM activities1) employees carrying out the Disability Employment Advisor role. This is an increase of 441.3 FTE since January 2021 where the number stood at 453.6 FTE.

1FTE (ABM activities) is from Departmental Management Information which records how much of each persons’ role is spent doing certain types of work activity. The FTE (ABM activities) is therefore lower than the total staff in post.


Written Question
Social Security Benefits: Disability
Tuesday 27th July 2021

Asked by: Baroness Thomas of Winchester (Liberal Democrat - Life peer)

Question to the Department for Work and Pensions:

To ask Her Majesty's Government what plans the Department for Work and Pensions has to contact all disability claimants who were appealing their decisions and were persuaded to accept a lower offer, to inform them of their right to continue with their appeal.

Answered by Baroness Stedman-Scott

In a previous response HL2130, it was explained that all claimants who accepted the new decision and whose original appeal lapsed, were told that they had the right of appeal against the new decision. They were told this both by the Department for Work and Pensions and the Tribunals Service. This gave them the opportunity to have the revised award further increased and backdated. Accordingly, there are no plans to contact affected claimants.


Written Question
Social Security Benefits: Medical Examinations
Wednesday 21st July 2021

Asked by: Baroness Thomas of Winchester (Liberal Democrat - Life peer)

Question to the Department for Work and Pensions:

To ask Her Majesty's Government why they are relying on telephone assessments to determine a claimant’s level of disability rather than using a video service.

Answered by Baroness Stedman-Scott

We are committed to improving the experience of health and disability benefits and we are currently delivering health and disability assessments via a variety of channels. Face-to-face assessments are being delivered alongside new telephone and video assessments introduced in response to the pandemic.

A programme of in-house analysis and externally commissioned research into the outcomes from and experiences of the newly introduced assessment channels is underway. The Health and Disability Green Paper will offer an opportunity to hear views on how we can improve assessments, including how we might provide a multi-channel health assessment service. Any future decisions about channel will be evidence-based and to ensure this we will draw on existing evidence as well as continuing to build our understanding via research and analysis.


Written Question
Social Security Benefits: Disability
Wednesday 21st July 2021

Asked by: Baroness Thomas of Winchester (Liberal Democrat - Life peer)

Question to the Department for Work and Pensions:

To ask Her Majesty's Government what assessment they have made of reports that Department for Work and Pensions staff contacted disability claimants who were appealing their decisions to persuade them to abandon their appeals and accept a lower offer; and if such practices have been used, who authorised them.

Answered by Baroness Stedman-Scott

The Department’s aim is to ensure that claimants are paid the correct amount of benefit at the earliest opportunity. Accordingly, if new evidence or information becomes available after an appeal has been lodged, it is right that decisions are reviewed and claimants put in the best position where they can choose either to continue with their appeal, or have the decision revised. At the same time claimants have, and have always had, a right of appeal against the revised decision, and to have their payments fully backdated if successful at appeal. Claimants are notified of this right of appeal in their revised decision letter.


Speech in Lords Chamber - Thu 11 Feb 2021
Universal Credit (Transitional Provisions) (Claimants previously entitled to a severe disability premium) Amendment Regulations 2021

Speech Link

View all Baroness Thomas of Winchester (LD - Life peer) contributions to the debate on: Universal Credit (Transitional Provisions) (Claimants previously entitled to a severe disability premium) Amendment Regulations 2021

Written Question
Disability
Monday 29th June 2020

Asked by: Baroness Thomas of Winchester (Liberal Democrat - Life peer)

Question to the Department for Work and Pensions:

To ask Her Majesty's Government which disability organisations and charities are helping to develop the National Strategy for Disabled People.

Answered by Baroness Stedman-Scott

The National Strategy for Disabled People is a manifesto commitment of this Government and its delivery is a priority. Its significance is even greater as we re-build the UK economy and society following the COVID-19 pandemic.

The Cabinet Office Disability Unit is now working on an approach and timescale that will allow meaningful engagement with an extensive range of stakeholders, and through a range of means that can be pursued safely in the context of the pandemic. Contributions from any organisation will be very welcome and particularly where this brings additional insight to the lived experience of disabled people.