Page 87 - Reforming Benefits Decision-Making -(updated - August 2021)

envisage a system that would be similar to the one the First-tier Tribunal
(Immigration and Asylum Chamber) has been piloting as part of its online
appeals process. Under this system, the Home Office has 14 days to conduct
an internal review. If the Home Office requires additional time, it must apply
for this in advance of the time limit expiry. Tribunal caseworkers actively
manage the case, so if no review is conducted, they could, for example, list a
case management hearing and, if necessary, the Tribunal could issue an
“unless order” – an order with a consequence for non-compliance, which
241
could include the appeal being allowed.
3.24 The DWP already has the power to revise a decision which is subject to an
appeal and they already currently conduct another review when appeals are
243
242
lodged. In 2019/20, 29 per cent of PIP appeals were lapsed. Our
proposed system would therefore reduce the resource demand on DWP as it
would only require them to undertake one, rather than two internal reviews.
We expect the learning from the improved mandatory reconsideration process
would be applied to the review. We would therefore expect to see at least the
same proportion of decisions changed in favour of the claimant under our
proposed system as under the current mandatory reconsideration process.
244
However, crucially, the appeal would be able to continue where no revision is
made without the claimant having to do anything. Where the appeal relates
to PIP or a WCA the reviewer will also have the benefit of the audio

241 Under Rule 8 of the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules,
the Tribunal may bar the respondent from taking further part in proceedings and, if barred, may
summarily determine any or all issues against the respondent.
242 Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and
Support Allowance (Decisions and Appeals) Regulations 2013, reg. 11(1). Advice for Decision
Makers: A5, para A5159 - A5179.
243 DWP, PIP Statistics to January 2021 (see n. 2 above) Table 5B: PIP experimental statistics by
period of initial decision, initial decisions following a PIP assessment, MRs and appeals. There are no
similar statistics are available for ESA and UC.
244 One of the criticisms of the old system was the very low proportion of decisions being changed prior
to an appeal by the DWP (DWP, Mandatory consideration of revision before appeal: Government
response to public consultation (2012)). However, given the improvements in the mandatory
reconsideration process since then we would expect to see a much higher proportion of decisions being
changed in favour of the claimant than under the pre-2013 system.

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