Page 78 - Reforming Benefits Decision-Making

mandatory reconsideration process before they can appeal to the independent
207
tribunal. On appeal, the claimant must complete an appeal form (either
online or on paper) and submit it to Her Majesty’s Courts and Tribunals
Service (HMCTS). This involves explaining their reasons for challenging
208
the decision, as well as providing their evidence, for a second time.

3.4 This two-stage appeals structure is confusing and time consuming for
claimants who struggle to understand the process and often find it extremely
stressful. We are concerned that these difficulties are causing claimants to
drop out of the appeals process even when they have a meritorious claim.
Between April 2013 and September 2020, 780,000 PIP awards were
unchanged following mandatory reconsideration. Of those, only 360,000 (46
per cent) of claimants went on to lodge an appeal. This is despite the fact that
67 per cent of appeals that proceeded to a hearing were successful. Another 13
per cent of appeals lodged were lapsed, meaning that the DWP changed its
decision in the appellant’s favour before the appeal was heard by the
209
Tribunal. This suggests that there are more claimants who have a wrong
decision but do not go on to appeal it.

3.5 This chapter looks at how the mandatory reconsideration and appeals
processes are currently functioning and what improvements could make them
more effective and easier for claimants to challenge incorrect decisions.

Mandatory reconsideration

3.6 Mandatory reconsideration was introduced in 2013. Prior to this, claimants
could either ask the decision-maker to look at the decision again (a revision)

207 With the exception of ESA claimants who would be eligible for ESA payment pending appeal. In
the recent case of R (Connor) v Secretary of State 1 [2020] EWHC 1999 (Admin), the Court held at
para 34 that for these claimants’ mandatory reconsideration was an unjustified impediment to the right
of access to the court guaranteed by Article 6 ECHR, as there was no good reason for not applying the
‘ESA pending appeal’ rule during the mandatory reconsideration period. ESA is the only benefit with a
payment pending appeal and is being phased out as it is replaced by UC.
208 In Northern Ireland appeal forms cannot be completed online. An NOA1 form must be downloaded,
completed and either posted or emailed to the Appeals Service.
209 DWP, PIP Statistics to January 2021 (see n. 2 above).

69