Social Security Benefits: Appeals

(asked on 19th October 2017) - View Source

Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, what guidance his Department has issued to decision-makers on the process for receiving employment and support allowance and personal independence payment cases pending tribunal where concerns are highlighted about a decision.


Answered by
Penny Mordaunt Portrait
Penny Mordaunt
Lord President of the Council and Leader of the House of Commons
This question was answered on 26th October 2017

The guidance issued to decision makers when considering an ESA or PIP appeal to the First-tier Tribunal reflects the law. It explains (in summary) that

  • ESA can continue to be paid pending the tribunal hearing, provided the appealed decision is not based on a second consecutive failed Work Capability Assessment determination. It further explains that if payment pending appeal is not available, then a further claim for ESA can be made anyway but payment would only be made where the claimant’s condition has deteriorated or they present with a new condition.

  • There is no entitlement to PIP pending the tribunal hearing. A further claim can be made before the appeal is decided – the same decision making process applies to this claim as it did to the previous claim.

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