GSD calls for disability benefit reform after Ombudsman findings 

The GSD has renewed calls for reform of Gibraltar’s Disability Benefit system after an investigation by the Public Services Ombudsman identified shortcomings in the way applications are assessed, including lengthy delays and concerns over transparency and accountability. 

The Opposition said the findings reflected problems it had raised for years and called for an independent review of the system to lead to changes without further delay. 

The Ombudsman, Wendy Cumming, found the Disability Benefit process was governed by internal administrative arrangements rather than legislation, with neither those arrangements nor the eligibility criteria available to applicants. 

The investigation also raised concerns about the transparency of the assessment process, including the use of an anonymous panel of healthcare professionals and the discretion given to the Director of Social Security over final decisions. 

Applicants whose claims are rejected are not provided with reasons, limiting the information available to them when considering an appeal. 

The cases examined by the Ombudsman took an average of four years from application to final reconsideration. 

The Ombudsman recommended an external and independent review of the system within 18 months, including consideration of greater transparency, providing reasons for refusals and placing the Disability Benefit framework on a statutory footing. 

Against that background, the GSD said the concerns identified were consistent with cases raised with the Opposition by constituents and figures obtained in Parliament. 

According to the GSD, Government figures have shown some Disability Benefit applications taking between two and three years to process, while some appeals have remained outstanding for up to three years. 

The GSD said the frequency of assessment and appeal panels also raised questions over whether the current system was equipped to keep pace with the volume of applications. 

It stressed that this was not a criticism of the professionals serving on the panels, who balance that work with other professional responsibilities, but said the system itself required reform. 

“Nobody is suggesting that Disability Benefit decisions should be rushed,” said Shadow Minister for Social Security and Disability, Atrish Sanchez. 

“They need to be properly and fairly assessed.” 

“But waiting 15 or 18 months for a decision cannot become normal, and people certainly should not be waiting years for an application or appeal to be resolved.” 

“Behind every application is a person or a family waiting for an answer and potentially for important financial support.” 

“The system needs to be capable of processing applications and appeals efficiently, consistently and fairly.” 

The GSD said the Ombudsman’s findings also reinforced its calls for greater transparency around the process, including the eligibility criteria applied and the reasons given when applications are refused. 

“How can someone properly understand a refusal, or meaningfully exercise their right of appeal, if they do not have sufficient information in respect of the criteria against which they have been assessed or receive sufficiently clear reasons for the decision underpinning a refusal?” Mrs Sanchez said. 

The Opposition also pointed to a Private Member’s Motion it brought to Parliament in 2020 dealing with Disability Benefit. 

Following amendments by the Government, Parliament resolved that the minister should report back within six months on consideration of placing the qualifying test on a statutory footing and on a Disability Benefit review which the Government said was already taking place. 

The GSD said that report was never laid before Parliament and noted that the Ombudsman had now recorded that its office was unable to locate it. 

The party welcomed the Department of Social Security’s agreement to undertake an external and independent review and said it would press for a clear timetable, publication of its findings and action on its recommendations. 

“Applying for Disability Benefit, whether for yourself or for your child, can already be a stressful and difficult process,” Mrs Sanchez said. 

“Long delays, a lack of clarity and too little transparency only add to that stress and uncertainty for families.” 

“I know first-hand how difficult navigating this process can be for a family, and that is why I am determined to keep pushing for a system that is more effective, more transparent and fairer for everyone who has to go through it.” 

“This is not about scoring political points.” 

“It is about fixing a system that can and must work better for the people and families who depend on it.”