§ Mr. MackinlayTo ask the Secretary of State for Social Security (1) at how many cases in the past 12 months his Department has failed to be represented at a scheduled hearing causing the tribunal to stand adjourned; and what percentage of the total number of hearings were so adjourned; [77098]
(2) what powers the Independent Tribunal Service has to make an award in favour of the applicant when the Department fails to be represented or present at hearings; [77102]
(3) if he will review the guidance given to the tribunal chairmen as to what award may be made when the Department of Social Security fails to appear and advance a reason to the tribunal for absence; and if he will make a statement. [77101]
§ Angela EagleInformation about Departmental representation at hearings in the past 12 months cannot be provided and would be available only at disproportionate cost.
The Department is not obliged to provide a representative at tribunal hearings. However, under the new decision making and appeals arrangements, the Benefits Agency aims to provide a presenting officer at all hearings where a representative would add value to the proceedings.
The Social Security (Adjudication) Regulations 1995 allow a tribunal, in the absence of a party to the proceedings, to proceed with a hearing or to give such directions for the determination of the case as it thinks proper. Similar provision is made in the regulations for new decision making and appeal arrangements which will be debated in the House on 22 March. However, 795W regulations also provide for a tribunal to adjourn an oral hearing either on application of any party to the proceedings or of its own accord. The decision of the tribunal whether or not to adjourn a hearing will always be made on the circumstances of the individual case. The handling of such decisions is, of course, a judicial matter.
Guidance for tribunals is a matter for the President of the Independent Tribunal Service, Judge Michael Harris. I have asked Judge Harris to write to my hon. Friend.
Housing benefit recipients, cases with non-dependant deductions, by tenure and rate of deduction, Great Britain—May 1998 (provisional) Thousands Deduction All cases £7.00 £16.00 £22.00 £36.00 £41.00 £45.00 Total 187 121 19 17 10 14 Local authority 138 92 14 13 8 4 9 Housing association 28 18 2 2 1 2 3 Private tenants 21 12 3 2 1 .. 3
Housing benefit recipients, percentage of cases with non-dependant deductions, by tenure and rate of deduction. Great Britain—May 1998 (provisional) Percentage Deduction All cases £7.00 £16.00 £22.00 £36.00 £41.00 £45.00 Total 4.2 2.7 0.4 0.4 0.2 0.1 0.3 Local authority 3.1 2.0 0.3 0.3 0.2 0.1 0.2 Housing association 0.6 0.4 — — — — 0.1 Private tenants 0.5 0.3 0.1 — — — 0.1 Notes:
1. Figures are rounded to the nearest thousand, percentages to one decimal place.
2. Recipients may be a single person or a couple.
3. "—" denotes nil or less than 0.1 per cent.
4. ".." denotes less than 500 cases.
5. Cases with more than one non-dependant deduction appear in the table once with only the first occurrence of a deduction being counted. The order of preference for this analysis is with the lowest deduction first.
6. Cases where the claimant or partner receives Attendance Allowance have been excluded.
Source:
Housing Benefit Management Information System, Annual 1 per cent. sample enquiries.