6 September, 2022 Open access
6 September, 2022 Open access
However, Minister says that improvements have been made 'to help ensure we make the right decision as early as possible in the claim journey'
Tribunals reach a different conclusion on substantially the same facts as DWP decision makers in almost 60 per cent of successful personal independence payment (PIP) appeals.
Responding to a written question about the reasons why PIP decisions taken by DWP decision makers are overturned at tribunal hearings, Work and Pensions Minister Chloe Smith has provided data on hearings between July 2013 (shortly after PIP was introduced) and March 2022 -
| Summary reason DWP decision overturned at tribunal hearing | ||||
| New written evidence provided at hearing |
Cogent oral evidence |
Reached different conclusion on substantially same facts |
Other | |
| 2013 | 14% | 57% | 29% | 0% |
| 2014 | 6% | 74% | 15% | 5% |
| 2015 | 9% | 67% | 13% | 10% |
| 2016 | 15% | 54% | 18% | 12% |
| 2017 | 9% | 50% | 26% | 15% |
| 2018 | 8% | 43% | 36% | 13% |
| 2019 | 4% | 43% | 41% | 12% |
| 2020 | 4% | 26% | 58% | 11% |
| 2021 | 1% | 32% | 59% | 7% |
| 2022 | 2% | 32% | 59% | 7% |
While noting that the figures should be used with caution as they may not give the full story, Ms Smith commented -
'Learning from this information, we have made improvements to our decision-making processes to help ensure we make the right decision as early as possible in the claim journey. We have introduced a new approach to decision making at both the initial decision and the mandatory reconsideration stage, giving decision makers additional time to proactively contact customers where they think additional evidence may support the claim.'
The DWP's new 'holistic approach' to decision-making referred to by the Secretary of State was introduced in 2019, and in July 2021's Shaping future support: the health and disability Green Paper, the Department said that the extra time that it takes as part of the approach -
'... has often allowed more evidence to be provided to support the decision-making process [and] allowed more time for our staff to listen to people claiming benefits and to help people understand the reasons why a decision has been made.'
However, as confirmed by the figures provided by the Secretary of State, the percentage of PIP appeals where the tribunal reached a different conclusion on substantially the same facts as the DWP decision maker has increased significantly since the introduction of the new approach.
Ms Smith's written answer is available from parliament.uk
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