§ Mr. DismoreTo ask the Parliamentary Secretary, Lord Chancellor's Department how many appeals by claimants to the National Insurance Commissioners were(a) granted leave, (b) successful and (c) remitted for rehearing to an appeal tribunal, for each region of the country, in each of the last three years. [111390]
§ Jane KennedyWe do not categorise appeals by region and therefore are unable to provide the information in the form requested. However details of the number of applications in which leave was granted, in each of the last three years and, of the number of appeals determined in each of these years, the numbers which many were in the claimant's favour are set out in the tables.
Applications Granted Leave Refused Closed Total 1997 1,865 2,850 37 4,752 1998 1,364 1,130 35 2,529 1999 2,010 1,935 31 3,976
Appeals Appeals decided Decision in claimant's favour 1997 3,926 2,939 1998 4,317 3,210 1999 4,140 3,237
§ Mr. DismoreTo ask the Parliamentary Secretary, Lord Chancellor's Department (1) in relation to cases classed as lookalike, delayed behind a lead case before or beyond the NI commissioners what was(a) the average, (b) the median and (c) the longest delay (i) before disposal and (ii) so far while waiting for disposal in each of the last three years; [111395]
(2) in relation to appeals heard by the National Insurance Commissioners, how many times the DSS was represented by (a) solicitors, (b) junior counsel or advocate, (c) a QC and (d) DSS in-house staff in each of the last three years; [111393]
(3) what was the (a) average, (b) median and (c) longest delay between grant of leave to a claimant to appeal to the National Insurance Commissioners and the receipt of the (i) representations in writing of the DSS and (ii) representations in writing of the claimant in each of the last three years; [111392]
(4) how many successful appeals to the National Insurance Commissioners were remitted for rehearing to appeal tribunals in each of the last three years. [111397]
§ Jane KennedyThis information is not held centrally and could be provided only at disproportionate cost.
§ Mr. DismoreTo ask the Parliamentary Secretary, Lord Chancellor's Department in relation to appeals heard by the National Insurance Commissioners(a) what was 967W the total number of appeals heard and (b) how many claimants were represented (i) by solicitors, (ii) by junior counsel or advocate, (iii) by a QC, (iv) by an advice worker and (v) by his or her self in each of the last three years. [111394]
§ Jane KennedyData regarding representation at appeal hearings are not kept, although it is unusual for claimants to be represented by solicitors, junior counsel or advocate or a QC. Claimants are on occasions represented by advice workers but in the main represent themselves.
§ Mr. DismoreTo ask the Parliamentary Secretary, Lord Chancellor's Department how many lead cases on appeal for the National Insurance Commissioners there were to higher courts; what was the name of each lead case; how many lookalike cases were held up in relation to each such case; and in relation to each such case in which court the case(a) was disposed of and (b) is awaiting disposal. [111396]
§ Jane KennedyThe information is as follows:
(1) Lead case—Bate (Income support severe disability premium)
13 January 1993—Decided by the Commissioner adversely to the claimant on the question of backdating.30 November 1994—Appeal by claimant to Court of Appeal allowed on a fresh point.16 May 1996—Appeal by Secretary of State/Adjudication Officer to House of Lords allowed.There were approximately 5,000 lookalike cases.(2) Lead case—Fairey (Day attention condition of DLA)
14 October 1994—Decided by Commissioner in favour of claimant.15 June 1995—Appeal by Secretary of State/Adjudication Officer to Court of Appeal dismissed by a majority.21 May 1997—Further appeal by Secretary of State/Adjudication Officer to House of Lords dismissed.There were approximately 320 lookalike cases.(3) Lead case—Plummer and Hammond (Retirement allowance (industrial injuries benefit replacing reduced earnings allowance))
28 May 1997—Decided by Commissioner adverse to Claimant.8 December 1998—Appeal by claimant to Court of Appeal dismissed.Approximately 150 lookalike cases were then decided by the Commissioner.Of the original 350 cases the remainder still await a judgment of the European Court of Justice in five representative cases (Hepple, Stec and others).8 May 1998—Reference by Commissioner to ECJ.(4) Lead case—Stafford and Banks (Benefit for casual workers during school holidays)
24 February 1999—Decided by Commissioner in claimant's favour.October 1999—Secretary of State/Adjudication Officer to Court of Appeal allowed.The claimant's petition for leave to appeal to House of Lords is outstanding.There are approximately 100 cases waiting decision.