Question to the Ministry of Justice:

To ask the Secretary of State for Justice, pursuant to the Answer of 24 June 2019 to Question 266835, HM Courts and Tribunals Service: Finance, why the Department for Work and Pensions contributes to the cost of administering the First Tier Tribunal (Social Security & Child Support) for appeals on attendance allowance, disability living allowance and personal independence payments, but is not required to contribute towards the cost of administering appeals against the disallowance of employment support allowance.

Prime responsibility for the funding of the operation of what is now the First Tier Tribunal (Social Security & Child Support) transferred, along with funding from what is now the Department for Work and Pensions to what is now the Ministry of Justice on the creation of the Tribunals Service on 1 April 2006.

The contribution that the Department for Work and Pensions currently makes towards the costs of the First Tier Tribunal (Social Security & Child Support) covers the additional costs of that tribunal as a consequence of the introduction of the Personal Independence Payment benefit, which has led to an increase both in the number of appeals to the tribunal and, due to the increased complexity of the tests involved, their length and cost.

No additional contribution is required towards the administration of Employment Support Allowance appeals as the cost of this tribunal has not been affected by a subsequent policy change.