Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, with reference to the case of K v Secretary of State for Work and Pensions CO/4263/2020, on whose authority staff in her Department were acting when contacting benefits claimants to make offers of payments lower than their statutory entitlement; and whether her Department has plans to compensate those benefits claimants in that case.

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. To this end decision makers, acting on behalf of the Secretary of State under section 8 of the Social Security Act 1998, were authorised to contact affected claimants about the changed outcome.

These 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.