§ Mr. FlynnTo ask the Secretary of State for Social Security (1) if he will place in the Library a copy of the correspondence between his Department and the Council on Tribunals regarding the draft of the Social Security (Adjudication) and Child Support Amendment (No. 2) Regulations 1996; [40594]
1010W(2) if members of social security appeal tribunals, disability appeal tribunals and child support appeal tribunals will receive the documents relating to appeals in advance of the hearing in cases where an oral hearing is not requested; [40781]
(3) if he will ensure that, before the chairman of a tribunal gives notice for the determination forthwith of an appeal which he believes has no reasonable prospect of success, the appellant has been given an opportunity to request an oral hearing and any such request has been complied with; [40783]
(4) what assessment he has made of the percentage of successful appeals to a social security appeal tribunal if the appellant (a) requests and (b) does not request an oral hearing; [40786]
(5) if he will defer the coming into force of the Social Security (Adjudication) and Child Support Amendment (No. 2) Regulations 1996 to allow time for a debate on the proposed changes in the rights of appellants; [40816]
(6) what assistance will be provided to ensure that appellants from tribunal decisions are able to comply with the requirement to include in their appeal a summary of the arguments relied on by them. [40782]
§ Mr. Roger EvansI refer the hon. Member to the reply my right hon. Friend the Secretary of State gave the hon. Member for Southport (Mr. Banks) on 23 July,Official Report, column 299.
We do not intend to postpone the introduction of these regulations. They are essential to allow for improvements to the service offered appellants and any delay in their coming into force will only delay the point at which improvements can be made. Copies of subsequent correspondence between departmental officials and the Council on Tribunals concerning these amendments have been placed in the Library.
The appeal leaflet is being re-written to tell appellants the type of information required to support their appeal. Staff of the relevant agencies and other advice agencies will continue to provide advice as they do now. The independent tribunal service will tell the appellant if the information given is insufficient.
The right to an oral hearing is not modified by the power of the chairman to determine the appeal forthwith. The appellant will be asked in all cases if he wants an oral hearing. Currently, success rates for those people who choose to attend their hearing are around 53 per cent. compared to 15 per cent. for those people who choose not to attend. I have made no assumption about whether these figures will change following the introduction of the requirement to opt for an oral hearing. An evaluation will be undertaken once the new procedures have been in place for a reasonable time. The requirement to opt for an oral hearing will enable the independent tribunal service arrange non-attended hearings more efficiently.
The issuing of documents to tribunal members about appeals is a question for the president of the independent tribunal service, His Honour Judge Bassingthwaighte, who will write to the hon. Member shortly.
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