Only a few days to go: We’re raising £25,000 to keep TheyWorkForYou running and make sure people across the UK can hold their elected representatives to account.

Donate to our crowdfunder

Employment and Support Allowance: Appeals

Justice written question – answered on 24th November 2011.

Alert me about debates like this

Photo of Duncan Hames Duncan Hames Liberal Democrat, Chippenham

To ask the Secretary of State for Justice how many and what proportion of employment and support allowance appeals have been adjourned since 28 February 2011; and how many such appeals were classified category used in social security and child support appeal tribunals.

Photo of Jonathan Djanogly Jonathan Djanogly The Parliamentary Under-Secretary of State for Justice

Appeals against decisions made by the Department for Work and Pensions on an individual's entitlement to employment and support allowance (ESA) are heard by the First-tier Tribunal (Social Security and Child Support).

A total of 12,565 ESA appeals were adjourned between 1 March 2011 and 30 September 2011 (the latest date for which statistics have been published); 11.3% of the total number of ESA appeals listed.

There are four adjournment categories used in SSCS tribunals and the adjourning judge determines the most appropriate category for the case being dealt with. The following table shows a breakdown of the reasons for adjournments in this time period:

Appeals adjourned March to September 2011
Adjournment r eason as recorded at hearing Number of appeals Percentage
Tribunal Not Ready to Proceed 197 2
Administrators Not Ready to Proceed 524 4
Applicant Not Ready to Proceed 3,868 31
First Tier Agency Not Ready to Proceed 7,976 63
Total 12,565 100

Some examples of the circumstances under which the four categories may be used, are as follows:

Tribunal not ready to proceed

Where the Tribunal requires additional evidence.

Where an applicant was known to a tribunal panel member.

Administrators not ready to proceed

Failure by administrative staff to provide sufficient notice of the appeal hearing.

Failure to observe a previous direction given by a judge.

Arrangement of incorrect panel composition.

Applicant not ready to proceed

Where the applicant requests more time to submit evidence or appoint a representative.

The applicant is unable, due to medical or other reasons, to continue with the hearing.

First-tier Agency not ready to proceed

The submission from the Agency is incomplete/defective or illegible.

The Agency may seek more time to consider evidence handed in on the day.

Does this answer the above question?

Yes0 people think so

No0 people think not

Would you like to ask a question like this yourself? Use our Freedom of Information site.