Post by nickd on Jun 30, 2011 22:26:45 GMT 1
The populist media were not that long ago, peddling headlines to show how 75% of those on Incapacity related benefits were 'fakers'.
Government subsequently had to make an apology for printing the wrong figures, unsurprisingly the apology didn't get the same media attention.
The latest official figures from Her Majesty's Courts & Tribunals Service are even more revealing.
The number of appeals has rocketed by 167% since 2008/2009 in Incapacity Benefit and Employment & Support Allowance cases.
But what's more revealing is how 50% of Incapacity Benefit and 37% of Employment and Support Allowance cases are being decided in favour of the person appealing (the appellant).
You have to remember that these cases are decided by proper Tribunals with a qualified doctor and Judge deciding the evidence. many of these people will also have been helped by welfare benefit specialists.
These figures make a mockery of the sensationalist tabloid headlines and show how legal aid should stay to allow people proper access to justice when it comes to determining their statutory entitlement according to law.
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Here's more...
The 2010/2011 Tribunal statistics are out. Produced by Justice from The HM Courts and Tribunals Service, the figures show an alarming increase in Social Security appeals in particular.
A rise of 72% on the 2008 figures in benefit cases with 418,500 new appeals.
Astonishingly the increase in Incapacity & ESA appeals shows an increase of 167% on 2008/2009 figures.
ESA appeals (individually) are up by 56% on last years figures.
Quote..
"In Social Security and Child Support there were 418,500 receipts, an increase of 79,300 or 23% on the number received in 2009-10 and a rise of 72% on appeals received in 2008-09. The rise in SSCS receipts over recent years has mainly been caused by the introduction of Employment Support Allowance in October 2008 to replace Incapacity Benefit. In 2010-11, SSCS had 231,700 receipts for these two benefit types – 29% more than in 2009-10 and 167% more than 2008-09. Individually, receipts in Employment Support Allowance rose by 56% last year, whilst receipts for Incapacity Benefit fell by 34% over the same period. In the last year there has also been an increase in the number of receipts for Job Seeker’s Allowance (of 51%) and Disability Living Allowance/Attendance Allowance (of 11%).
Of the 418,500 SSCS cases received between April 2010 and March 2011:
231,700 or 55% related to Employment Support Allowance (ESA)/Incapacity Benefit (IB);
83,600 or 20% were for Disability Living Allowance/Attendance Allowance (DLA/AA);
47,000 or 11% were for Job Seeker’s Allowance (JSA)
In Employment Tribunals, there were 218,100 receipts (claims) during 2010-11 representing an 8% fall compared to the previous year, but still an increase of 44% on those in 2008-09. When compared with 2009-10 data, there were falls both in single and multiple claims of 15% and 4% respectively. Figure 3 shows the variation in single and multiple accepted claims (receipts) since 2001-02."
One wonders how these are set to rise even further, ESA appeals are only the first in the welfare reforms, the decrease in Incapacity isn't surprising given that these are being transferred over to ESA.
Quick 'key fact' analysis...
Tribunals performance figures show benefit cases to be the lowest at 46% compared with 100% in other types of appeals.
47,100 benefit cases had to be adjourned accounting for a rate of 14%.
60,500 salaried sitting days which is well up on the 35,900 in 2008/2009.
50% of Incapacity Benefit appeals were decided in favour of the appellant.
37% of ESA appeals were decided in favour of the appellant.
Funny how my Justice alert only came out after yesterday's debate! And they say benefit specialists aren't needed?
I'll need a bit more time to pour over the rest of the figures!
www.justice.gov.uk/publications/s....tions+alerts%29