Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, what assessment he has made of the reasons for the increase in successful appeals against decisions on personal independence payment and employment and support allowance claims at tribunal stage.

The majority of decisions are overturned at appeal for two reasons: (i) the oral evidence given by claimants on the day of the hearing; (ii) new written evidence provided at the hearing.

DWP, as part of its appeal reforms, introduced Mandatory Reconsideration – the pre-appeal dispute stage. This gives claimants the opportunity to have their decision reviewed and corrected much sooner than at appeal.

Whilst this reform is working, DWP is reviewing its decision making processes both in relation to the initial decision and the Mandatory Reconsideration stage, to ensure that it does gather all relevant evidence ahead of any appeal hearing – and that this is reflected in the appeal response considered by the tribunal.

The department is also introducing Presenting Officers to attend send to appeals for these benefits, thereby giving the Secretary of State the opportunity to consider the evidence being presented by the claimant at the hearing and feedback to the department.