There is a set process to appeal a benefit decision in relation to your entitlements. Appealing benefits decisions is the correct way to inform the department that you think they made a mistake.
Find out how to make an appeal to the Social Security and Child Support Tribunal. Check what happens at appeal hearings, and what you can do if you lose an appeal.
BEFORE YOU APPEAL: There are several different methods of making an appeal. It will depend on which decision you disagree with.
This guide is for disagreements about welfare benefits. It also covers child maintenance appeal and those made for tax credits.
But, before you make an appeal, you must ask for a decision to get looked at again. This is a process called 'mandatory reconsideration'.
As a rule, the reconsideration must take place within one (1) month of any benefit decision. It applies to almost all benefits, child maintenance (child support) and tax credits.
Note: Generally, you must ask for mandatory reconsideration within the time limit to be able to appeal to the tribunal. Use a different process to appeal a benefits decision in Northern Ireland
There is a time limit to make an appeal after getting a mandatory reconsideration decision. In most cases, you should have appealed to the tribunal within one month afterwards.
Mandatory reconsideration is not needed if you are appealing a Housing Benefit decision. You should make the appeal to the council that made the original decision instead.
The Citizens Advice can help you appeal to the Social Security and Child Support Tribunal. Contact them if you need help filling in forms or attending a hearing.
Note: Someone else can appeal on your behalf if you choose. It can be a legal adviser (e.g. a lawyer), a family member, or a friend.
You must follow the full social security appeals tribunal process. In most cases that means you must ask for a mandatory reconsideration.
There may be other steps to follow before you appeal to the Social Security and Child Support Tribunal. The type of decision you are appealing determines the specific procedure.
Note: The Social Security tribunal rules of procedure function independent of government. It will be a court judge listening to both sides of the argument. The judge will then make a final decision.
There are several different forms to choose from when you appeal to the tribunal. It will depend on the type of benefit in question. The section explains:
You will need your appeal papers and any documents used as evidence at the hearing. The tribunal may share any evidence you give with all parties. Find out:
The Social Security tribunal decision follows the hearing. There are other steps you can take if you still disagree with the tribunal's decision.
Note: The guide explains the process to appeal to the Upper Tribunal Administrative Appeals Chamber.
How to Appeal a Benefit Decision in United Kingdom