| answer text |
<p>Appeals generally are against the original award decision and in many cases would
be to adjust a successful award to a higher level rather than being against a nil
decision.</p><p> </p><p>Appeals to the Upper Tribunal can only be made where a decision
is believed to be erroneous in law; appeals cannot be made solely on the facts.</p><p>
</p><p>From 1 November 2015 to 31 October 2016 the Department made 215 applications
to appeal a First-tier Tribunal decision relating to Personal Independence Payment
(PIP) to the Upper Tribunal.</p><p> </p><p>During that period, 69 of the Department’s
applications for appeal on PIP were successful, resulting in the decision being remitted
to another First-tier Tribunal hearing.</p><p> </p><p>The Department’s applications
are submitted in line with The Tribunal Procedure (First-tier Tribunal) (Social Entitlement
Chamber) Rules 2008, Rules 34(4) and 38(3)(a). The Department has one month to request
the Statement of Reasons following the issue of a Tribunal decision. Following the
issue of the Statement of Reasons the Department then has a further month to consider
whether to make an application to appeal against the First Tier decision.</p><p> </p><p>Information
relating to average time taken for a decision on whether to appeal a tribunal decision
to award PIP is not held and could only be obtained at disproportionate cost.</p>
|
|
