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Seven out of 10 win benefits challenges at tribunal

In September 2021, the BBC Shared Data Unit reported seven out of ten people who appealed in court against a decision to deny them disability benefits were successful.

In total, more than 293,000 people across the UK had overturned a government decision at tribunal in the previous three years.

Most hearings centred on Personal Independence Payment (PIP), the main disability benefit.

The Department for Work and Pensions (DWP) said it made millions of PIP decisions and 5% were overturned.

Figures released under the Freedom of Information Act also revealed more than 1,000 people across the UK had died while formally challenging their benefit decision.

In July 2021 we had reported how the DWP had held at least 268 internal reviews into cases where people claiming benefits died or came to serious harm since February 2012. The Labour Party then called for an "urgent independent investigation".

Method

We analysed figures from from HM Courts and Tribunals Service, the Department for Work and Pensions (DWP) and Northern Ireland's Department for Communities (DfC).

Our analysis found:

  • In England, Scotland and Wales, seven in every 10 tribunal appeals about benefits had been successful since 2018
  • Over the same period, some 500 people died before their initial challenge, their Mandatory Reconsideration, was decided
  • A further 421 tribunal cases in England, Scotland and Wales were abated (progress halted) because the appellant died and no appointee had yet been found to continue appeals
  • In Northern Ireland, six out of every 10 appeals were successful since 2019. Sixty appeals had been lodged on behalf of people who died since 2013

Data and sources

The data and background methodology released to partners are available here:

Interviews and quotes

  • Kerry Jones, who won a tribunal appeal on behalf of her father Keith after his death. He had mouth cancer and was denied PIP after previously receiving DLA
  • David Smith, who won a tribunal on his behalf of his brother James Oliver after his death. James had chronic liver disease caused by alcohol dependency but was refused PIP
  • Tom Pollard, who was formerly seconded from the charity MIND to the Department for Work and Pensions to be its senior mental health policy adviser between 2016 and 2018
  • Will Johnstone, policy manager (social policy and rights) from the charity Rethink Mental Illness
  • Daphne Hall, the vice chair of the National Association of Welfare Rights Advisers and rightsnet editor
  • Mark Jackson, policy and public affairs manager at the end of life charity Marie Curie
  • The Department for Work and Pensions
  • The Department for Communities in Northern Ireland

Partner usage

The Shared Data Unit makes data journalism available to the wider news industry as part of the BBC Local News Partnership. Stories written by partners based on this research included:

The story featured on BBC Northern Ireland online, BBC Radio Wales and it was also reported by BBC local radio stations covering Nottingham, Wiltshire, Humberside and Leeds.

Other usage