Hilary Benn – 2014 Parliamentary Question to the Ministry of Justice

The below Parliamentary question was asked by Hilary Benn on 2014-06-10.

To ask the Secretary of State for Justice, how many people have currently been waiting (a) up to one month, (b) one to two months, (c) two to three months, (d) three to four months, (e) four to five months and (f) more than six months for their appeal against their being deemed fit for work to be determined.

Mr Shailesh Vara

The First-tier Tribunal—Social Security and Child Support (SSCS), administered by HM Courts and Tribunals Service (HMCTS) hears appeals against Department for Work and Pensions’ (DWP) decisions on a range of benefits including a person’s entitlement to Employment and Support Allowance (ESA).

Whilst a work capability assessment (WCA) can be a key factor in an ESA decision, it is not the only consideration. Appeals are brought against ESA refusals, and not WCA decisions themselves. The Tribunal does not record information on those ESA appeals in which the WCA decision is a factor, and as such HMCTS does not hold the specific information requested.

Information on appeals against ESA decisions is published by HMCTS in Tribunal Statistics Quarterly. The most recent report for the period January to March 2014, published on 12 June 2014, can be viewed at: https://www.gov.uk/government/publications/tribunal-statistics-quarterly-january-to-march-2014

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