Disability Living Allowance (Hansard, 22 November 2000)

§ Mr. Bayley

Appeals Service procedures are matters for the Chief Executive of The Appeals Service. The administration of Disability Living Allowance is the responsibility of the Chief Executive of the Benefits Agency, Alexis Cleveland. Following consultation with the Appeals Service, Alexis Cleveland will write to my hon. Friend.

Letter from Alexis Cleveland to Mr. Brian Donohoe, dated 21 November 2000: The Secretary of State for Social Security has asked me to respond to your recent Parliamentary Question asking what steps the Benefits Agency (BA) and The Appeals Service (TAS) must take following a decision by an independent disability living allowance appeal tribunal to amend benefits before arrears of benefit can be paid. TAS issues a copy of the appeal tribunal's decision to all parties to the proceedings, including the appellant and the BA, within 2 days of the appeal hearing. Tribunal decision notices (DNs) on Disability Living Allowance (DLA) cases are received from each of TAS operational centres at a central distribution point in Disability Carer Benefits Directorate (DCBD). This was set up in February 2000 to register receipt of DNs and speed up the implementation process. Currently approximately 600 DNs are received each day. DNs are then sent immediately to the DCBD operational section with responsibility for handling particular DLA cases. The DN is linked with the DLA case papers and a decision-maker (DM) then looks at the DN to ensure that it is legally correct before it is implemented. Where there are no problems DNs are implemented promptly. Before any payment is made, further checks may be made on correct payment and address details, and any periods spent in hospital or residential accommodation that could affect payability of an award. Such DNs can normally be input on to the DLA computer system and payment made within 2 days. If payment of DLA is to be combined with payment of another benefit, the computer system triggers a notification to the relevant local office for their further action. 231W There are occasions when a DM identifies a problem with a DN and cases may be referred back to TAS for specific reasons. These include accidental errors; incomplete decisions where the tribunal has omitted to consider all the relevant issues; and decisions which appear to be wrong in law. In all such cases, the DM requests a copy of the appeal chairman's statement of reasons and record of proceedings. TAS has set a standard of 15 working days for these to be produced and issued. Based on that information, implementation of those DNs may be suspended pending further appropriate action either by TAS or, in cases of error of law, consideration of an appeal against the tribunal decision to a Social Security Commissioner. Consideration must be given to all cases where an error has been identified and regrettably this will delay implementation of those decisions. Cases identified for a possible appeal to the Commissioner are first examined by a specialist team within DCBD and then by the Benefits Agency Decision-Making and Appeals team before they can be submitted for appeal. Customers are notified that this action is being taken and that payment of arrears has been suspended. If an appeal is not found to be appropriate, the suspension is lifted, payment is made, and the customer is again notified. I hope this information is helpful.