If you disagree with a decision, you can appeal against it. A First Tier Tribunal will deal with your appeal. Tribunals are independent and completely separate from the office which gave you the decision you are appealing against. The hearing will be free, local, mostly informal and have less complicated procedures than the courts.
The hearing will involve a panel consisting of a Tribunal judge and Tribunal members.
How we could help
Your responses on the enquiry form will be the foundation of any decision, as such, it must explain your side in a way that the tribunal judge can understand. Tribunal judges are legally qualified and as such usually respond well to a response written by a fellow legal professional. They know that you will have invested in making sure that they have the information they need to make a decision. If applicable we may suggest the inclusion of a specialist medical report supporting your claim.
The hearing
The tribunal will hear your appeal as soon as possible after receiving your appeal form and will give you at least four weeks’ notice of the hearing date. If you have a good reason for not being able to attend, they should be able to arrange another date. Nearer the date, you will be contacted to give you an idea of the time it will take place. If a settlement can be made with the benefit or tax credit office you can withdraw your appeal at any stage before the hearing date.
Oral hearing
The people on the tribunal panel will already have seen all the information and evidence about your case that has been sent to them. When your case is heard you or your representative will be given a chance to explain in your own words why you think the decision is wrong. The benefit or tax credit office representative will also be able to explain how they came to their decision.
The tribunal panel can ask you questions about your case. If you have questions for the benefit or tax credit office representative you can ask these as well. When the tribunal panel think they have all the information they need, they will ask you if you want 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. You may be told the final decision there and then. Following the hearing, you will then receive the decision in writing within one month. If you fail to attend the appeal may be dismissed.
We would always suggest you opt for an oral hearing, written papers deny you the emotional element of explaining your situation, we would always suggest that you take someone with you for support, if not taking a professional representative them maybe ask a friend or relative for emotional support.
Paper hearing
The Tribunal judge will only consider written evidence and therefore you do not need to attend the hearing. You will not be told when the private hearing is taking place. You will be sent the decision in writing after the paper hearing. If you want more details about the reasons for the tribunal’s decision, you can ask for this by writing to the Tribunals or Appeals Service within one month.
Possible outcomes
The Tribunal can either change the original decision or keep the original decision. Either way, you will receive a letter confirming the outcome of the hearing. If you still think the decision is wrong you can only appeal against the tribunal’s decision if they are wrong on a point of law. The time limits for appealing against a tribunal decision are strict so it is important to seek specialist advice quickly after receiving your decision.
Additional Resources:
England, Scotland, Wales:
‘How to appeal against a decision made by the Department for Work and Pensions’
Northern Ireland:
Guidance for completing your appeal form: Northern Ireland
If you need help submitting an appeal:
Benefit appeals helpline (England and Wales)
Telephone: 0300 123 1142
Monday to Friday, 8 am to 6 pm
Saturday, 8 am to 2 pm
Email: contactsscs@justice.gov.uk
Benefit appeals helpline (for Welsh speakers)
Telephone: 0300 303 5170
Monday to Friday, 8.30 am to 5 pm
Benefit appeals helpline (Scotland)
Telephone: 0300 790 6234
Monday to Friday, 8:30 am to 5 pm
Email: SSCSA-Glasgow@justice.gov.uk
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