| FACTSHEET No. 36 Challenging Benefit Decisions Get the decision looked at againIf you disagree with a benefits or Tax Credits decision, you can try to get it changed. You can do this whether or not you have asked the office to explain it by:
Time limitsThere are time limits to get the decision looked at again: BenefitsYou have one month from the date of the decision letter. However it may be possible for the one-month time limit to be extended, if there were particular reasons why you could not contact the office within one month of your letter, e.g. you were in hospital. Tax CreditsYou can ask the tax office to look at the decision again at any time during the current tax year, or, if they have made a mistake, within five years of the end of the tax year concerned. However, if you have had a change in circumstances that means you are entitled to an increase of Tax Credits, you may not get all of the increase unless you get in touch with HM Revenue and Customs (HMRC) within three months. When a decision is looked againWhen you ask for a decision to be looked at again, it will be reconsidered, usually by a different member of staff. The benefits or tax office may ask you for more information. If they do, you should provide it as soon as possible and let them know if there is likely to be a delay. When the decision has been looked at again:
Please note that if you decide to ask for a benefits or Tax Credits decision to be reconsidered or you appeal against it, there could also be a risk that your benefits or Tax Credits could be reduced or even stopped. If you are thinking of asking for a decision to be looked at again or of appealing against it, you may need expert advice from a benefits adviser. To find a local adviser, you can use our Find an Adviser tool. Appealing against the decisionAn appeal means that your benefits or Tax Credits decision will be looked at by an independent tribunal, called the First-Tier Tribunal. This is a panel of up to three people who are experts on benefits. It always includes someone who is legally qualified. The tribunal members are completely separate from the offices which make benefits and Tax Credits decisions. The tribunal cannot change the law and it cannot consider changes of circumstances which took place since the decision was made. (However if your circumstances have changed since the decision was made, you may be able to make a new claim). If you can appeal against a decision, you will be told this in the decision letter. If you cannot appeal against a decision, you may still be able to get the decision looked at again Time limitsThere are time limits for appealing a decision:
How to appealPreparing for an appeal can be difficult and going to a tribunal can be daunting. If you want help with making an appeal or going to a tribunal you should contact an experienced adviser. Having someone experienced to represent you can improve your chances of winning your appeal. To find a local adviser, you can use our Find an Adviser tool. You must make your appeal in writing. If you appeal on the form provided by the agency which made the decision, this can help you to give all the information that is needed. You can find the forms (with some notes to help you) as follows: Benefits
Tax Credits and child benefits
What happens next?When you appeal, the office that made the decision will look at it again in case it can be changed straight away. If this happens, they will let you know. If the decision is not changed, the appeal is passed on to the Tribunals Service who organise appeal hearings. You will be sent a bundle of papers, containing copies of forms you have completed and any other documents which relate to the decision you are appealing against. The papers will mention the benefits law which the decision was based on. You should read the papers very carefully and note anything which you disagree with. If you think that something important has not been included in the appeal papers (such as a letter you have sent in support of your appeal or a form you filled in giving relevant information), you should ask the office which made the decision to add the document to the appeal papers. An experienced adviser will be able to help you understand the relevant law and help you prepare your case and collect any other evidence to support your appeal. Details of people or organisations that may be able to help advise you are listed on the introductory page of Challenging a benefits or Tax Credits decision or you can use our Find an Adviser tool to find a local adviser. You will also receive an enquiry form asking for more information and any further evidence to support your appeal. You must let the Tribunals Service know if you are waiting for further evidence, such as a letter from your doctor. You should return this form within fourteen days or your appeal may be cancelled. If you have arranged for an experienced adviser to represent you, you should put their details on the enquiry form. You will be asked if you want your appeal dealt with as an oral or paper hearing. Oral hearingAn oral hearing means that you and your representative (if you have one) can attend. Your representative can also attend without you. The tribunal can ask you (or your representative) questions, you can put your point across in your own words and any other written evidence will also be considered. You may have a better chance of winning your appeal if you attend the hearing You can get help with the costs of attending an oral hearing, for example, travel costs, childminding or loss of earnings. If you're disabled, the hearing should be held in a place that is accessible to you. At the oral hearing, you and your representative (if you have one) will be able to explain why you think the decision you are appealing is wrong. The tribunal judge (and other tribunal members if there are any) may ask you further questions about the facts of your case. When they think they have all the information they need, they will ask you if you wish to say anything else to support your case. They will then ask you to leave the room so they can consider all the evidence and make their decision. Paper hearingA paper hearing means that the tribunal will only consider the written evidence in private and you (and your representative) do not attend. If you choose a paper hearing, you should send as much information and evidence as possible and make sure you let the Tribunals Service know if you need more time to collect further evidence to support your appeal. You will not be told the date of the paper hearing. The Tribunals Service will send you the result in writing. Providing further informationYou should attempt to provide as much new information as you can to support your appeal. This could be medical reports from your GP or medical consultant, bank statements and receipts for expenditure or case law to support your appeal. An experienced adviser may be able to help you to collect further information to support your appeal. Details of people or organisations that may be able to help advise you are listed on the introductory page of Challenging a benefits or Tax Credits decision or you can use our Find an Adviser tool to find a local adviser. What happens after your appeal?After the appeal has been heard, you will be sent a letter that explains the tribunal's decision. (If you attend the hearing, you may be handed the written decision shortly after the hearing.) If you want more details about the reasons for the tribunal’s decision, you can ask for this by writing to the Tribunals Service within one month. If you disagree with the decision of the First-Tier Tribunal, you may be able to make a further appeal to an Upper Tribunal judge. They are independent lawyers expert in benefit law. You can only appeal to the Upper Tribunal if the First-Tier Tribunal makes a mistake about the law. You cannot appeal just because you disagree with their decision or you think the First-Tier Tribunal was wrong about the facts of your case. Appealing to the Upper Tribunal is only possible if it involves the interpretation of the law. If you want help with your appeal, you should consult an experienced adviser. To search for details of a local adviser, you can use our Find an Adviser tool. Social Fund appeals(If you disagree with a Social Fund decision about your claim for a Crisis Loan, Budgeting Loan or Community Care Grant, the procedure is different and usually involves asking for a review. See the Department for Work and Pensions Guide to the Social Fund (link opens in a new window) for more information. Brief information on how to challenge various benefit decisions. Challenging decisions on most benefits This explains the ways to challenge a decision on most benefits, including Social Fund funeral, maternity and winter fuel payments. It includes Housing and Council Tax Benefit which came under the same system in July 2001. There are different rules for: Revisions and supersessions If a person is unhappy with a decision they can request a revision or submit an appeal, usually within one month. If there is a change of circumstances, they have to request a supersession within a month of the change. There are ways of getting arrears outside these 1 month limits (see backdating) An appeal can be made against revision and supersession decisions or an original decision. More details: Revisions 1. ‘Any grounds revisions’ The one month time limit can be extended in the following ways: 14 day extension: If written reasons for the decision are requested and received within the month, then the time limit is extended by another 14 days, or if written reasons are requested within the month but they arrive after the month, a person has 14 days to request the revision from whenever the written reasons are sent. Late revision: 2. ‘Any time revisions’ Supersessions A supersession can be requested even if the decision was made a long time ago. Backdating Appeals An appeal can be made against a decision maker's decision on a new claim, a revision or a supersession. A person has only one month (from the date of decision) to submit a written appeal to the address on the decision letter. This is then dealt with by an independent appeal tribunal. This time limit can be extended. The appeal must: usually be on an appeal form: found in leaflet GL24. These leaflets are available from DWP offices or DWP website. give the date of the decision being appealed statethe appeal grounds be sent to the office that made the decision, to reach them within one month of the date of the decision. This time limit can be extended. If this is not done, the appeal may not be accepted. Appeals can be struck out for various reasons. For example, if the claimant has failed to provide information requested by the Tribunal. This can include failing to return the TAS 1 form (see below) within the time limit. (However, a person is given a chance to argue their case). An appeal can be made against either an original, a revised or a superseded decision. When the DWP receive an appeal, they may change (revise) their decision. If not, it goes to the nearest tribunal. For Newcastle and the surrounding area it is: The Appeals Service A person is sent a TAS1 enquiry form which must be filled in and returned within 14 days. Extended time limits 14 day extension: If written reasons for the decision are requested and received within the month, then the month time limit is extended by another 14 days, or if written reasons are requested within the month but they arrive after the month, then a person has 14 days to submit the appeal from whenever the written reasons are sent. Late appeal: Further appeals Appeal tribunals are independent of the DWP. They can consist of one, two or three members depending on the type of appeal. They need not consider issues not set out in the appeal letter so full details must be given in the appeal letter. They cannot consider changes which occur between the relevant decsion being made and the appeal being heard, so a new claim may be necessary if circumstances change in that time. For example, where a person appeals against a refusal of Attendance Allowance and then later develops a new condition, s/he must make a fresh claim. A person is given the choice of either attending an appeal hearing in person (called an 'oral' hearing) or s/he can agree to the tribunal deciding the appeal in his/her absence (called a 'paper' hearing). A person who attends an oral hearing is more likely to win. Notice of the tribunal's decision is given in writing. It is usually brief but a full decision will be provided if requested. This must be done in writing within one month of the decision being made. If an appeal is successful, benefit should be backdated. If an appeal is not successful, it is possible to appeal to a Social Security Commissioner but only on specific legal grounds. Seek advice. More details on appeal procedures from the Appeals Service. Challenging discretionary Social Fund decisions To challenge a community care grant, crisis loan or budgeting loan decision a review must be requested. This must be done in writing to the Social Fund Officer at the local DWP office within 28 days of date of the decision. This is an internal review. If a person is unhappy with the first review decision, a further (2nd tier) review can be requested. This must be done in writing within 28 days of the first review decision. Itcan be sent to the local DWP office who will forward it to the Social Fund Inspectors, or sent direct to the Inspectors whoare based at:- Independent Review Service Late requests for review can be accepted if there are ‘special reasons’. These are not defined but can include reasons such as ill health or a domestic crisis. Challenging Tax Credit decisions The system is similar to challenging decisions for most benefits with some differences outlined below. There are more details in the Tax Credits portal. Revisions Tax credit decisions can usually be revised depending on what decision is being revised and when it is possible to revise that decision. Supersessions do not apply to Tax Credits. Decisions can be revised if: A change of circumstances that changes entitlement to Tax Credits is notified to Revenue and Customs. Revenue and Customs have grounds for believing the amount of Tax Credits is wrong. At the reconciliation stage, the claimant has responded to the final decision within a certain time limit. Revenue and Customs thinks a final decision was wrong due to fraud or neglect. These are called decisions on discovery. Appeals A decision does not have to be revised first before going to appeal. Appeals can be made against most decisions, including a penalty decision for failing to provide information. An appeal must be made within 30 days of the date of the decision. Late appeals are possible if there are 'special reasons'. Payments of Tax Credits may be suspended when an appeal decision is pending. An appeal must be in writing. It should specify the grounds of appeal because the appeal tribunal will normally only consider these grounds. But other grounds can be considered if they are considered relevant and the failure to mention them was not wilful or unreasonable. Appeals can be 'settled' by agreement before a hearing takes place. Appeals are currently heard by the same tribunals that hear most benefit appeals but theymay eventually be transferred to the Tax Commissioners that hear tax allowance appeals. If someone disagrees with a tribunal decision they can appeal to a social security commissioner but they have to prove the tribunal made an error in law. Tax Credit overpayments An appeal cannot be made against a decision to recover a Tax Credit overpayment but the overpaidamount can be challenged. Whether to recover an overpayment is discretionary and is based on HMRC guidance. How to challenge a tax credit overpayment. Challenging War Pension and Armed Forces Compensation Scheme (AFCS) decisions There are two ways in which a War Pension or AFCS decision can be challenged, either by review/reconsideration or by an appeal. A request for either should be in writing. Reviews/reconsiderations A review or reconsideration can be carried out on most decisions. For example, a review of an existing award when a person's condition deteriorates or if a claim is refused. There is no time limit for a review of a War Pension decision so it can be made at any time. For AFCS awards a reconsideration can be requested within 3 months. Appeals For both War Pensions and the AFCS an appeal can be requested instead of a review/reconsideration or after it if the review/reconsideration is unsuccessful. There is a 6 month time limit for making an appeal. If the appeal is against an interim decision the time limit is 3 months. Late appeals can only be accepted if there are 'special reasons'. Appeals are heard by a Pension Appeal Tribunal. Requests for reviews and appeals should be made to: Service Personnel and Veterans Agency Also see Complaining about Benefit Decisions. Updated 8 April 2011 |