Appeal a benefit decision

Appeal a benefit decision

Overview

You can appeal a decision about your entitlement to benefits, for example Personal Independence Payment (PIP), Employment and Support Allowance (ESA) and Universal Credit.

There’s a different process if you live in Northern Ireland.

Appeals are decided by the Social Security and Child Support Tribunal. The tribunal is impartial and independent of government. The tribunal will listen to both sides before making a decision.

How to appeal

Before you can appeal to the tribunal you must ask for the decision about your benefits to be looked at again - this is called ‘mandatory reconsideration’.

Appeal to the tribunal within one month of getting your mandatory reconsideration decision. If you start your appeal after a month you’ll have to explain why you did not do it earlier. Your appeal might not be accepted.

After you submit your appeal, you can provide evidence to the tribunal. Your appeal will be decided at a tribunal hearing.

Benefit decisions you can appeal

You can appeal a decision about:

30 hours free childcare schemeAttendance AllowanceBereavement Support Payment SchemeBereavement BenefitCarer’s AllowanceChild Benefit Lone ParentContracted Out Employment GroupCompensation Recovery UnitDisability Working AllowanceDisability Living AllowanceHousing BenefitEmployment Support AllowanceHealth in Pregnancy GrantHome Responsibilities ProtectionIncapacity BenefitIncome SupportIndustrial Death BenefitIndustrial Injuries Disablement BenefitJob Seekers AllowanceMaternity AllowancesPension creditsPersonal Independence PaymentRetirement PensionSevere Disablement AllowanceSocial FundTax-free childcare schemeTax CreditsUniversal Credit

Check any letters you’ve received about your benefit if you do not know the exact name.

Submit your appeal

You can appeal a decision about your entitlement to benefits, for example Personal Independence Payment (PIP), Employment and Support Allowance (ESA) and Universal Credit.

You must ask for the decision about your benefits to be looked at againbefore you can appeal.

You’ll need:

your Mandatory Reconsideration Notice - you get this after you ask for the benefit decision to be looked at againyour National Insurance numberthe details of the representative helping with your appeal (if you’re using one)

You’ll need to choose whether you want to go to the tribunal hearing to explain your appeal in person. If you do not attend, your appeal will be decided on your appeal form and any supporting evidence you provide.

Start now

If you want to appeal a PIP decision by post, download and fill in a Notice of appeal form (SSCS1) instead.

Help with your appeal

You can appoint someone as a ‘representative’ to help you with your appeal. A representative can:

help you submit your appeal or prepare your evidenceact on your behalfgive you advice

Anyone can be a representative, including friends and family.

You might also be able to find a representative through a library or from an organisation in your area that gives advice on claiming benefits, such as Citizens Advice.

Your representative will have permission to act on your behalf, for example to respond to letters. They’ll be sent all the information about your appeal, including any medical evidence.

To register a representative, you can either:

name your representative when you submit your appealregister a representative at any point after you submit your appeal - contact the benefit appeals helpline

Contact the benefit appeals helpline if you need more help submitting an appeal.

Benefit appeals helpline (England and Wales) Telephone: 0300 123 1142 Monday to Friday, 8:30am to 5pm Find out about call charges

Benefit appeals helpline (Scotland) Telephone: 0141 354 8400 Monday to Friday, 8:30am to 5pm Find out about call charges

After you submit your appeal

Your appeal will be sent to the department that made the decision about your entitlement to benefits. They’ll respond to your appeal explaining why they made the decision.

You’ll get a copy of the response.

Providing evidence

You can provide evidence to help the tribunal understand your condition or circumstances so they can make a decision. Evidence can include a letter from a doctor or someone who knows you.

You’ll be told where to send your evidence after you submit your appeal. Send it as soon as you can so the tribunal have time to read it before the hearing.

The hearing

Your appeal is decided at a tribunal hearing.

You’ll get the decision by post after the hearing. You may get a decision on the day if you go to the hearing.

How long it takes

It usually takes up to 6 months for an appeal to be heard by the tribunal.

Your appeal might be delayed unless you:

send any evidence as soon as you can before the hearingarrive at the hearing on time (if you’re attending)register your representative as soon as you can (if you’re using one)

What happens at the hearing

Submit any evidence as soon as possible before the hearing so the tribunal have time to read it. Evidence will usually be shared with all parties, including your representative (if you’re using one).

A judge and one or two experts will make a decision about the case. Who the experts are depends on what benefit you’re appealing. The judge and experts are impartial and independent of government.

The tribunal must follow the rules in the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008.

If you attend the hearing

You’ll have to the opportunity to explain your appeal.

You’ll be asked questions about your condition or circumstances by the judge or the experts.

The department that made the original decision may also be at the hearing. They may ask questions, but they’re not part of the tribunal and do not decide the result of the appeal.

You can get support during the hearing, for example an interpreter, hearing loop or accessible tribunal room. You can request support when you make an appeal.

You cannot use your own interpreter during the hearing.

Claiming expenses

You may be able to claim for reasonable expenses for going to the tribunal, for example:

travel expenses to cover your fare if you get there using public transporttravel expenses of 12p per mile if you drive, plus 2p per mile for up to 2 passengersmeals - £4.25 if you’re away for more than 5 hours, £9.30 for more than 10 hours or £13.55 for more than 12 hoursloss of earnings - £38.96 if you’re away from work for up to 4 hours or £75.59 for 4 hours or morecare expenses up to the National Minimum Wage, for example for a childminder

The clerk will help you fill in a claim form when you go to the hearing.

You’ll need to include proof, for example:

receiptsa letter from your employer for loss of earnings

If you're unhappy with the tribunal's decision

You may be able to:

get a decision cancelled (‘set aside’)appeal to the Upper Tribunal (Administrative Appeals Chamber)

Your decision letter has more information.

Get a decision set aside

You’ll be told how to get a decision ‘set aside’ (cancelled) if you think there’s been a mistake in the process. Contact Citizens Advice if you need help.

Appeal to the Upper Tribunal Administrative Appeals Chamber

You can only appeal to the Upper Tribunal (Administrative Appeals Chamber) if you think the decision was wrong for a legal reason, for example, if the tribunal did not:

give proper reasons for its decision, or back up the decision with factsapply the law properly

Contact Citizens Advice if you need help.

You must then follow 3 steps.

Ask the Social Security and Child Support Tribunal for full written reasons (known as a ‘statement of reasons’) within one month of the date of the decision. The decision letter will tell you how to do this.

Ask the Social Security and Child Support Tribunal for permission to appeal to the Upper Tribunal (Administrative Appeals Chamber).

If the Social Security and Child Support Tribunal refuses, ask the Upper Tribunal (Administrative Appeals Chamber) for permission to appeal.