Appealing benefit decisions

If you've asked to have a benefit decision looked at again, and you still don't agree with the outcome, you may be able to appeal.

Our guide tells you more about whether you can make an appeal and how the process works.

Appealing against a benefits decision

Before you have a right to appeal, you would usually need to ask for the decision to be looked at again. DWP call this a "Mandatory Reconsideration," whereas HMRC call it a "Review." (If you need more information about this, see our advice on Challenging a benefit decision.)

If you're not happy with the outcome of the reconsideration, you can appeal to Her Majesty’s Courts and Tribunals Service (HMCTS). Your appeal will be heard by an independent tribunal called the "First-Tier tribunal."

Your decision letter will always tell you what your options are, i.e. whether or not you are eligible to appeal.

Time limits for appealing

You must appeal within one month of the date on the letter or email telling you the outcome of the reconsideration. It is important to appeal in time otherwise you might lose the chance to challenge the decision.

Further guidance 

The Welfare Service has prepared this guide: Appealing against a benefit decision, which will tell you more about the appeal process, and how the Welfare Service might be able to help you.

Appeal hearings during the COVID-19 outbreak

The RCN Welfare Service has taken advice from HMCTS about benefit appeal hearings and the process for dealing with these during the COVID-19 outbreak.

The advice is that appellants must not attend Tribunals in person and arrangements are being made to hold appeal hearings by telephone or to offer paper hearings.

We are advised that a First Tier Tribunal (FTT) judge will make a decision where they feel there is enough evidence to do so in some cases.

If you, the ‘appellant,’ do not think the decision is right you will still have a right of appeal and then could have a hearing via telephone or other means not face-to-face.

As a rule, we advise clients to avoid paper hearings as they are less successful than oral hearings, so if you have an appeal hearing listed which will be affected by the current Covid-19 situation, then we suggest you contact your local Tribunal Service and confirm how they propose for it to be dealt with.

If you have an appeal hearing listed and wish to discuss this matter further and take advice on how best to proceed, then please contact us via RCN Direct.