§ Dr. IddonTo ask the Secretary of State for Social Security if it is his policy that, when a person wins a benefits tribunal appeal against loss or suspension of Disability Living Allowance, that benefit should be reinstated forthwith providing that an appeal has not been lodged by his Department against the decision within the permitted timescale. 102035]
§ Angela EagleWhere an appeal to the Social Security Commissioner against a Tribunal's decision is not being considered, the decision is implemented and any outstanding payments of benefit are made as quickly as possible.
§ Dr. IddonTo ask the Secretary of State for Social Security what powers his Department has to override the decision of a benefit appeals tribunal. [102034]
§ Angela EagleAppeal tribunals are independent and the Department has no powers to override their decisions.
Under the new arrangements for hearing appeals that have just been introduced, appeal tribunals can correct procedural errors or errors on a point of law. Any party to an appeal can request that a decision be referred back to a tribunal, if they consider that an error has been made.
In addition, there is a right of appeal against a tribunal's decision on a point of law to the Social Security and Child Support Commissioners and thereafter to the higher courts.
327W