You can appeal to a tribunal if the Department for Work and Pensions (DWP) didn’t change their decision when you asked for a mandatory reconsideration.
The tribunal is independent of the DWP and overseen by a judge. The judge will look at your evidence and hear what you have to say. They’ll also look at any evidence from the DWP and then make a decision.
Important
If the tribunal doesn’t agree with your reasons for appealing they either won’t change the decision or they’ll make a new decision. If it’s a new decision there’s a chance they’ll decide to reduce your Income Support even more or increase your overpayment. For example, they might increase your overpayment if your Income Support has stopped and there’s evidence it should have stopped even earlier.
You should be sure you have a good chance of getting the decision changed in your favour before you ask for an appeal. If you’re not sure, contact us for help.
HM Courts and Tribunals Service (HMCTS) must get your appeal within 1 month of the date on your mandatory reconsideration notice – so allow time for posting. You can find the date at the top of the notice.
It’s free to appeal, but you usually won’t be able to get legal aid to pay for a solicitor to help you. Contact us to ask an adviser to help you prepare your appeal.
Court hearings by phone or video call
The court will tell you what kind of hearing you’ll have. Check how to prepare for a hearing by phone or video call.Before you appeal to a tribunal
You must ask the DWP to look at their decision again – called a ‘mandatory reconsideration’ – before you can appeal to a tribunal. See challenging an Income Support decision for how to ask for a mandatory reconsideration.When you should appeal to a tribunal
You should appeal to a tribunal if, after reading the reasons on the ‘mandatory reconsideration notice’, you still think the decision is wrong. For example, if you think:- you’ve been paid the wrong amount
- your Income Support shouldn’t have been stopped
- you haven’t been overpaid – or that you shouldn’t pay the money back
- you shouldn’t have been sanctioned, for example for not going to a work-focused interview
Getting specialist help
You can get help from us at any point in the appeal process. They can help you:- fill in the form to ask for an appeal
- understand any documents you’re sent
- reply to any letters from the tribunal or the DWP
- photocopy and post documents
- prepare for the appeal hearing and might go with you
If you’ve missed the deadline
If it’s less than 13 months since the date of your mandatory reconsideration notice, you might still be able to appeal. You’ll need to have a good reason for the delay, for example:
- it took a long time for the DWP to send you your mandatory reconsideration notice
- you posted your appeal in time, but it got lost in the post
- someone in your family was seriously ill
Submit your appeal
You can ask for an appeal on GOV.UK. If you’re not sure about anything, talk to an adviser – they can help you submit your appeal. It’s better to apply online or with a form – if you write a letter you might leave out important information. If you want to apply using the paper form, you can download form SSCS1 from GOV.UK. If you ask for an appeal without filling in a form, write ‘Appeal’ at the top of your letter and include:- your full name
- your National Insurance number
- the date at the top of your mandatory reconsideration notice
- why you think the decision is wrong
If you want to reopen a cancelled appeal
An appeal can be cancelled – known as ‘struck out’ – if you fail to do something HMCTS asks for, like sending them a certain document. HMCTS will write to warn you if your appeal is in danger of being struck out so you have the chance to stop it. You can ask for an appeal that was cancelled because you failed to do something to be looked at again – known as getting an appeal ‘reinstated’. Write to HMCTS and include:- your full name and address
- your National Insurance number
- the decision you’re appealing
- the date your appeal was cancelled
- why you failed to do something HMCTS asked for, if this was the reason your appeal was struck out
- why you think your appeal should be looked at again
Explaining why you’re appealing
The most important part of your appeal is giving the specific reasons why you disagree with the decision. Use your decision letter and mandatory reconsideration notice to list each of the statements you disagree with and why. Give facts and examples – and mention the evidence you’ve sent to the DWP to support what you’re saying. You can use the same examples and evidence as for your mandatory reconsideration.Going to the appeal hearing
When you submit your appeal, you can say if you want to be there when the judge considers your appeal – known as an ‘oral hearing’. If you choose to have an oral hearing, you can attend it:- by phone
- by online video call
- in person
If you filled in a paper appeal form
Send your completed form or letter to HMCTS by Royal Mail Signed For and keep the receipt – you might need to prove when you posted it and when it arrived.
HMCTS Benefit Appeals
PO Box 12626
Harlow
CM20 9QF
HMCTS will check the form and then ask the DWP for their response within 28 days.
HMCTS will send you:
- a copy of the DWP’s response
- information about what happens next
- details of when and where the hearing will be (if you’ve said you want to be there)