Commons Sense

House of Commons · Ministers' Questions

Unsuccessful Benefit Decisions Overturned on Appeal

Monday 4 September 2023 · 2 questions

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Answered 1 Partly answered 1 Not answered 0

Key points

  • The Department estimated that 80,000 social security and child support appeal tribunal hearings took place in 2022-23.
  • Of these hearings, 50,000 decisions were overturned on appeal.
  • The Minister acknowledged the high overturn rate but noted that the context of overall decision-making must be considered.

Topics (select to filter)

Questions & Answers

Q1 Kerry McCarthy Lab Bristol East
Benefits & Welfare
Context

The question is prompted by concerns over the high overturn rate of benefit decisions on appeal. The MP seeks clarity on the scale of this issue.

Question

What estimate his Department has made of the number and proportion of unsuccessful benefit decisions that were overturned on appeal in the last 12 months?

Answer from Tom Pursglove

Our aim is to make the right decision as early as possible in a claim. In 2022-23, there were 80,000 social security and child support appeal tribunal hearings, with 50,000 overturned. We recognise that the overturn rate at appeal is high. However, the numbers must be seen in the context of overall decisions. The majority of appeal tribunal hearings relate to PIP. Since PIP was introduced, 8% of initial decisions have been appealed and 4% overturned at a hearing.

Answered
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Q2 Kerry McCarthy Lab Bristol East
Benefits & Welfare
Context

The question follows from concerns about the increasing number of cases being overturned on appeal. The MP highlights constituent feedback indicating that the majority of appeals are successful.

Question

The Minister is being very selective in his use of statistics. The most recent tribunal stats show that an increasing number of cases, the vast majority, are being overturned—something that is certainly borne out by my constituents contacting me. Why are we not getting it right first time? Surely it is a huge waste of resources to be taking so many cases to tribunal?

Answer from Tom Pursglove

There is no advantage to anybody in the right outcome not being achieved at the very earliest point. The hon. Lady asks why we often see tribunals reach different decisions. There are a number of reasons, for example, drawing different conclusions on the same evidence, cogent evidence being presented orally within those tribunals, or even perhaps written evidence being provided at the hearing that has not previously been shared. We are taking steps, including having presenting officers feed back to the Department, to ensure that more decisions are got right at the first opportunity.

Partly answered

Not addressed: Specific reasons for high overturn rates were explained but no concrete steps beyond feedback mechanisms were provided.

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