§ Mr. Robin CookTo ask the Secretary of State for Social Security (1) how many refusals of disability living allowance at review have gone to appeal; and in how many cases the refusal at the review stage has been overturned on appeal;
(2) how many refusals of disability living allowance have been taken to review; and in how many cases the original refusal has been overturned at review;
(3) to what extent the proportion of successful appeals against refusal of disability living allowance exceeds the proportion of successful appeals against refusal of attendance allowance in the last three years for which it existed.
§ Mr. ScottThe information is not available in the form requested as the reason for review or appeal is not recorded. Neither is it possible to give comparative figures for disability living allowance and attendance allowance appeals. Prior to 1992, decisions to award or refuse AA were made by a designated medical practitioner on behalf of the AA board, and there was no right of appeal analogous to the present right of appeal to a disability appeal tribunal. The AA board, itself, carried out reviews where requested. An appeal could be made to the social security commissioner, but only on a point of law.
Reviews and appeals are not requested solely because of a refusal to award benefit. People already receiving DLA may be dissatisfied with the level or duration of benefit and many reviews are promoted by deterioration in a person's condition.
The available figures relating to reviews and appeals are shown in the tables.
Number All new claims for disability living allowance1 1,030,942 Rejected claims for disability living allowance1 453,533 All reviews requested within 3 months of the decision on the claim1 231,985 Unsuccesful reviews requested within 3 months of the decision on the claim1 124,821 Appeals made2 38,785 Appeals heard and decided2 24,409 Successful appeals2 12,996 16 February 1992 to 31 May 1994. Source is DSS (Analytical Services Division) 100 per cent. count of cases. 2February 1992 to 17 June 1994. Source is Independent Tribunal Service 100 per cent. count of cases.
189W
Per cent Proportion of reviews successful Proportion of appeals to Disability appeal tribunals successful Attendance allowance 1990 375 — Attendance allowance 1991 372 — Attendance allowance 1992 379 — Disability living allowance 146 253 16 February 1992 to 31 May 1994. Source is DSS (Analytical Services Division) 100 per cent. count of cases.
2February 1992 to 17 June 1994. Source is Independent Tribunal Service 100 per cent. count of cases.
31 April 1993 to 31 March 1994. Source is DSS (Analytical Services Division) 100 per cent. count of cases.