Page 95 - Reforming Benefits Decision-Making

3.45 Due to the pandemic, there have been changes to the way in which benefits
appeals are being determined and a ‘triage’ system has been put in place.

3.46 It remains the case that if all parties have consented to a paper-based
determination and the judge considers that the appeal can be decided without
a hearing, it will be decided ‘on the papers’- that is on the basis of the
information provided to the Tribunal by the appellant and the DWP, without a
hearing of any kind.

3.47 Prior to the pandemic, if either party requested an oral hearing, then one
259
would be held, almost always in person. Under the new rules, practice
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directions and guidance, where parties have not consented to a paper-
based determination, but the Tribunal considers that a successful (or partly
successful) outcome for the appellant is highly likely without requiring an oral
hearing, then the Tribunal can decide the case on the papers and issue the
parties with a provisional decision. The provisional decision will specify a
time frame within which the parties must accept or reject it. If the parties
accept the provisional decision, then a final decision will be issued. If either
the appellant or DWP do not accept the provisional decision, the Tribunal will
arrange for a hearing (for most of the pandemic this has been held via
telephone, see further paragraph 3.49 below).

3.48 The Working Party discussed whether it would be helpful to retain this triage
system post-pandemic. The argument for doing so is that it allows cases in
which the appellant is very likely to be successful to be resolved quickly
without taking up unnecessarily both the Tribunal’s and appellant’s time and
resources. However, the Working Party was concerned about cases where the
claimant might be offered part of what they think they are entitled to, but not
the maximum. For example, where someone is assessed as having Limited
Capability for Work but not Limited Capability for Work Related Activity.

259 The Tribunal Procedure (Coronavirus) (Amendment) Rules 2020, rule 4, inserting a new Rule 5A
into the The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008.
260 E. Ryder, ‘Pilot Practice Direction: Contingency Arrangements in the First-tier Tribunal and Upper
Tribunal’ (March 2020); K. Lindblom, ‘Amended Pilot Practice Direction: Panel Composition in the
First-Tier Tribunal and the Upper Tribunal’ (September 2020).
261 Tribunals Judiciary, ‘Social Entitlement Chamber – Frequently Asked Questions’ (June 2020).

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