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Employment Support Allowance: Appeals

Ministry of Justice written question – answered on 25th March 2019.

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Photo of Karen Buck Karen Buck Labour, Westminster North

To ask the Secretary of State for Justice, how many of the 2,229 employment support allowance appeals to the First Tier Tribunal in (a) October, (b) November and (c) December 2018 that were cleared without a hearing were (i) withdrawn by the appellant, (ii) conceded by the Department for Work and Pensions, (iii) struck out and (iv) superseded.

Photo of Lucy Frazer Lucy Frazer The Parliamentary Under-Secretary of State for Justice

Information about outcomes for Employment and Support Allowance (ESA) appeals to the First-tier Tribunal (Social Security and Child Support) (SSCS) is published at:

Latest figures for ESA (Between April 2014 – September 2018) indicate that 3.9m ESA (post WCA) decisions have been made, of these 8% have been appealed and 4% have been overturned.

The data requested which are available (HM Courts & Tribunals Service does not record a “conceded” outcome) are set out in the table below.


Outcome Type

Oct 18 p

Nov 18 p

Dec 18 p

Employment and Support Allowance 1





Struck out








1 Data includes Employment and Support Allowance (ESA) and Incapacity Benefit reassessment. ESA was introduced in October 2008 and Incapacity Benefit reassessment followed in October 2010.

p Provisional data subject to change.

An SSCS appeal may be captured more than once as a hearing or non-hearing should the original decision be overturned, set aside or an Upper Tribunal re-hearing is granted.

Although care is taken when processing and analysing the data, the details are subject to inaccuracies inherent in any large-scale case management system and are the best data available.

The data provided are the most recent available and for that reason might differ slightly from any previously published information.

Data are taken from a live management information system and can change over time. Data provided are internal Management Information and are not published.

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