Appeals

You have received a letter from us telling you about a decision on your benefit entitlement - or a written statement of reasons explaining the decision. If you wish to appeal against this decision, please browse the information below. You may also wish to contact an independent advice or information centre.

The letter you have received will explain if you have appeal rights. If you have a right of appeal to an Independent Tribunal you must either complete the form enclosed with the decision letter or submit your own letter detailing why you wish to appeal. It is important that you state your reasons for appeal - the Tribunal does not have to look at or consider anything that you do not mention.

Arranging a Tribunal

What is the Tribunal?

A Tribunal is usually made up of one independent member, who is not from the local authority where you submitted your appeal.

The member of a Tribunal is an expert on the issues involved in your appeal.

Time Limits

You must send the appeal form or your own letter to us within one month of the date on the decision letter.

The Appeals Service may not be able to accept your appeal if it is received more than one month after the date on the decision letter unless there are special circumstances that caused the delay.

Your appeal will not be accepted if you appeal 13 months or more after the date on the decision letter.

What does the form ask?

The form asks you questions about your appeal and also how you want your appeal to be looked at.

You have the choice of an oral hearing or a paper hearing.

If you choose to go to an oral hearing you will be able to deal with any questions or issues that arise.

What the Tribunal looks at

The Tribunal can only look at the evidence, the law and the circumstances at the time the decision that you are appealing against was made.

This means that the Tribunal cannot look at or consider changes of circumstances that happened after the decision was made.

What Happens Next?

If we have not already done so we will look at our decision again and offer you an explanation of our decision, or if appropriate we will revise the decision.

• If we agree that the original decision is wrong and the new decision is to your advantage we will send you a new decision and your appeal will stop. If you do not agree with the new decision, you can appeal against it.
• If we agree that the original decision is wrong and the new decision is not to your advantage we will send you a new decision and your appeal will continue against the new decision. You will have another month to comment on the new decision.
• If we do not change the decision we will send your appeal and an explanation of the law and facts used to make the decision to the Appeals Service. We will also include any other relevant papers.

You or your representative if you have one will receive a copy of the appeal papers.

It is important that you read and understand these papers.

If you do not understand them it is important that you ask us, an advice centre or a solicitor to explain.

You will also receive a form which you must complete and return within 14 days of the date the form was issued to you.

If you do not your appeal will stop.

Oral Hearings

What should I expect from an Oral Hearing?

The Tribunal may ask you questions and you may also ask the Tribunal questions.

You may take someone to represent you and you may call witnesses to give evidence at the Tribunal.

One of our representatives will be present at the hearing and they may ask you questions and call upon witnesses.

What if I cannot attend the Oral Hearing?

If you are unable to attend you must let the Appeals Service know straight away.

There must be a good reason why you cannot go and if this is the case another date may be arranged.

If you do not let the Appeals Service know that you cannot attend the hearing the Tribunal may hear your appeal without you.

If you live abroad and want an oral hearing you should contact the Appeals Service for further information.

Paper Hearings

What should I expect from an Oral Hearing?

You may request a paper hearing.

This is an appeal hearing, which you do not attend.

However the Appeals Service may refuse your request for a paper hearing and request an oral hearing if they think this is more appropriate.

If you have requested a paper hearing but later change your mind you may choose to have an oral hearing.

You must also write to the Appeals Service straight away to advise them of this.

Outcome of the Tribunal

The Result of an Oral or Paper Hearing

Whether you have an oral or paper hearing you will be given a Tribunal's decision notice as soon as possible after the hearing.

A copy of this notice will be sent to the office that made the original decision.

In addition to this decision you have the right to ask for a Statement of Reasons.

This gives an explanation of the Tribunal's decision, which includes the facts and the law used to reach the decision.

You must ask for this statement within one month of the date you are given or sent the decision notice. You may request a copy of the record of proceedings from the appeal hearing up to 6 months from the date of the hearing.

What happens if my appeal is successful?

We will usually put the decision right as soon as we receive a copy of the Tribunal's decision.

We may not put it right straight away if we appeal to the Social Security Commissioners.

Remember if the Appeal Tribunal finds you have been getting too much money your benefit will be reduced.