Incapacity Benefit: Appeals

Constitutional Affairs written question – answered on 27th March 2007.

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Photo of Lynne Jones Lynne Jones Labour, Birmingham, Selly Oak

To ask the Minister of State, Department for Constitutional Affairs what the average success rate is of appeals against refusal of incapacity benefit (a) overall, (b) made in person and (c) made on the basis of written evidence alone.

Photo of Vera Baird Vera Baird Parliamentary Under-Secretary, Department for Constitutional Affairs

The latest available data are contained in the following tables.

Table 1: Hearing outcomes by type of attendance and benefit in the quarter ending March 2006
Benefit/tax credit
Cleared at hearing (oral and paper) Incapacity benefit (personal capability assessment) Incapacity benefit (not personal capability assessment)
Appeals cleared at hearing 11,675 1,185
Appeals decided in favour of appellant 5,560 425
Percentage 47.6 35.9
Table 2: Hearing outcomes by type of attendance and benefit in the quarter ending March 2006
Benefit/tax credit
Appellant only attended Incapacity benefit (personal capability assessment) Incapacity benefit (not personal capability assessment)
Appeals cleared at hearing 3,625 305
Appeals decided in favour of appellant 2,215 155
Percentage 61.1 50.8
Table 3: Hearing outcomes by type of attendance and benefit in the quarter ending March 2006
Appeals cleared at hearing
Representative only attended Incapacity benefit (personal capability assessment) Incapacity benefit (not personal capability assessment)
Appeals cleared at hearing 170 25
Appeals decided in favour of appellant 75 15
Percentage 44.1 60.0
Table 4: Hearing outcomes by type of attendance and benefit in the quarter ending March 2006
Appeals cleared at hearing
Both appellant and representative attended Incapacity benefit (personal capability assessment) Incapacity benefit (not personal capability assessment)
Appeals cleared at hearing 2,965 215
Appeals decided in favour of appellant 2,190 150
Percentage 73.9 69.8
Table 5: Hearing outcomes by type of attendance and benefit in the quarter ending March 2006
Appeals cleared at hearing
Not attended Incapacity benefit (personal capability assessment) Incapacity benefit (not personal capability assessment)
Appeals cleared at hearing 4,235 580
Appeals decided in favour of appellant 730 90
Percentage 17.2 15.5
Table 6: Hearing outcomes by type of attendance and benefit in the quarter ending March 2006
Appeals cleared at hearing
Attendance not known Incapacity benefit (personal capability assessment) Incapacity benefit (not personal capability assessment)
Attendance not known
Appeals cleared at hearing 680 60
Appeals decided in favour of appellant 350 20
Percentage 51.5 33.3

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