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Employment and Support Allowance: Appeals

Question for Ministry of Justice

UIN 243311, tabled on 10 April 2019

To ask the Secretary of State for Justice, how many of the Employment Support Allowance appeals to the First Tier Tribunal that were cleared without a hearing were (a) withdrawn, (b) struck out and (c) superseded in (a) Quarter 1 and (b) Quarter 2 of 2018-19.

Answered on

23 April 2019

Information about outcomes for Employment and Support Allowance (ESA) appeals to the First-tier Tribunal (Social Security and Child Support) (SSCS) is published at:

The information requested is in the table below.


Outcome Type

Quarter 1 (April to June) 2018/19 p

Quarter 2 (July to September) 2018/19 p





Struck out






1Data includes ESA and Incapacity Benefit reassessment. ESA was introduced in October 2008 and Incapacity Benefit reassessment followed in October 2010.

p Provisional data subject to change.

An SSCS appeal may be captured more than once as a hearing or non-hearing clearance should the original decision be overturned, set aside or an Upper Tribunal re-hearing is granted.

Although care is taken when processing and analysing the data, the details are subject to inaccuracies inherent in any large-scale case management system and are the best data available.

Latest figures for ESA (Between April 2014 – September 2018) indicate that 3.9m ESA (post WCA) decisions have been made, of these 8% have been appealed and 4% have been overturned.