If you disagree with the decision made on your benefit claim you can ask for a written statement of reasons, this will explain their stance on the matter, if you still believe the decision is wrong then you can ask for it to be looked at again, and/or appeal.
If you are refused Carer’s Allowance, you may ask the DWP (or the Department for Communities (DfC) in Northern Ireland) to look at the decision again. This must be done before you appeal. This is called a ‘mandatory reconsideration’. Should you still disagree once they have done this, you must appeal with the Tribunal Service (England, Wales & Scotland) or the Appeals Service (Northern Ireland) and attach a copy of the mandatory reconsideration notice with the appeal. It is important to challenge a decision or get advice as quickly as possible because there are time limits that generally mean you must take action within one month. If you fall outside of this time limit then it may still be possible to challenge the decision.
Decision Makers (and Tribunals) have a degree of freedom to take an individual’s circumstances into account, they can take a more individual approach considering all the facts about the claim.
You will receive a written decision on your claim that tells you whether you have been awarded Carer’s Allowance and from what date. Should you only be awarded the “underlying entitlement”, you will still receive a written decision letter. It is certainly advisable to keep the decision letters as they can be useful to evidence your caring role if this is required.
As a general rule, we would suggest that you follow the DWP’s own complaints route to remedy a refused claim, any action to question the decision will not be considered until you have completed this route.
You are, of course, able to get advice on how to manage the appeal process, or request us to manage it for you. If we are appointed then your caseworker will manage all processes, referring to a specialist benefits solicitor to act for you in the following ways: –
- Help to prepare all the evidence you need to put your best case forward
- Research the laws that could be used in your favour
- Prepare a written statement/reports to send to tribunal ahead of the hearing
- Seek the maximum benefit, or combination of benefits to increase the value and duration of your claim.
As in all tribunals/appeals should the appealing end in your favour we seek to obtain our clients a full refund of our costs.
For more information, please see www.carersuk.org.
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