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Attendance Allowance: Appeals

Work and Pensions written question – answered on 5th November 2009.

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Photo of Jeremy Wright Jeremy Wright Opposition Whip (Commons)

To ask the Secretary of State for Work and Pensions what steps she is taking to reduce the length of time it takes to process an appeal against an attendance allowance decision for those cases affected by the European Court of Justice decision in Commission of the European Communities v. the European Parliament and the Council of the European Union, C-299/05, of 18 October 2007.

Photo of Jonathan R Shaw Jonathan R Shaw Minister of State (Disabled People), Regional Affairs, Parliamentary Under-Secretary (Disabled People), Department for Work and Pensions

In order to improve and reduce the length of time for processing all cases for these customers, we have identified and submitted a small number of lead cases for tribunal hearings. We have approached the Tribunal Chair requesting staying of appeal on other "linked cases" until the lead cases are finally determined by either the First-tier Tribunal or on further appeal to the Upper Tribunal or a further appellate court, where applicable.

Around 500 customers have currently submitted appeals relating to the past presence test and/or our approach to requests for reinstatement of benefit.

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