HC Deb 15 December 1981 vol 15 c103W
Mr. Wigley

asked the Secretary of State for Social Services whether any provision exists to reimburse the costs incurred by an appellant appearing before the Supplementary Benefits Commission for the provision of several sets of papers and documents for the assistance of the commissioner.

Mrs. Chalker

There is no statutory provision for reimbursement to an appellant of costs of the type described. Rule 9(5) of the Supplementary Benefit and Family Income Supplement (Appeals) Rule 1980 (SI 1980 (1605)) requires the Secretary of State, when there is an application for leave to appeal, to cause to be sent to the commissioner a copy of the record of the hearing of the supplementary benefit appeal tribunal and, for an appeal, a copy of the record and a copy of the notice of appeal. Additionally, the supplementary benefit officer will send to the commissioner, as part of his submission, copies of all the documents that were before the tribunal. The claimant receives a set of all the documents put to the Commissioner. If the claimant, of his own choosing, sends documents himself, as he is quite entitled to do, he must be prepared to bear the cost of doing so.

Mr. Wigley

asked the Secretary of State for Social Services if he is satisfied with the condition of the paperwork kept by his Department in relation to appeal case C.W.S.B. 14/81; and, in view of the criticisms made by the commissioner, if he will make a statement.

Mrs. Chalker

The comments of the commissioner were concerned with the power of the supplementary benefit officer to review a determination in the light of new facts obtained following the adjournment of an appeal. The commissioner concluded that the supplementary benefit officer was not acting outside his powers in making such a review but, in passing, commented on the fact that virtually no documentary evidence had been submitted on this point. It is for the supplementary benefit officer to determine what evidence should be included in support of his submission to the tribunal and, subsequently, to the commissioner. I am satisfied that, while inadequate documentary evidence was submitted in confirmation of this action taken in the case referred to, the full facts surrounding the review were put to the tribunal, and that a copy of the submission to the tribunal was before the commissioner.