Appealing against a benefits decision

Last Updated: 30.11.2010

If you think a decision about your benefits is wrong, you can ask the office that made the decision to explain it. You can also ask to get the decision reconsidered and, if you're still unhappy, you can appeal against the decision to an independent tribunal.

Read on to find out more about appealing against a benefit decision.

If you disagree with a benefits decision

When the benefits office sends you a letter about their decision, if you do not agree, you can ask them to explain or reconsider it.

If you're unhappy with a reconsidered decision you can appeal.

You can ask for an explanation or reconsideration of every decision, but some benefit decisions cannot be appealed.

For example, you can't appeal against decisions on Budgeting Loans, Community Care Grants or Crisis Loans. The decision letter will make it clear if it can't be appealed.

Deadlines

You have one month:

• after getting a decision to ask for it to be explained, reconsidered or to appeal
• after getting a reconsidered decision to start an appeal

A late appeal may be accepted if you have special circumstances that prevented you appealing in time, but not if more than 13 months have passed.

How to appeal a benefits decision

Information on how to appeal is normally included in the decision letter.

In most cases, it involves filling in the appeal form in the leaflet: ‘If you think our decision is wrong’ and posting it to the benefits office dealing with your claim.

You can pick up the leaflet at your local benefits office or download it, below, from the link below:

DWP booklet: 'If you think our decision is wrong' (PDF, 109K)

But if you are appealing in these cases follow the procedures below:

Child Maintenance

If you don't agree with a decision made by the Child Support Agency (CSA), you can contact the CSA centre that made the decision. (Their contact details will be on the letter explaining the decision.)

If you're not happy with the outcome, you can complete the appeal application form in the leaflet: ‘How can I appeal against a child maintenance decision?’ and send it  to the CSA Central Appeals Unit.

CSA booklet: ' How can I appeal against a child maintenance decision ' (PDF, 282K)

Housing Benefit and Council Tax Benefit

These benefits are handled by your local council, so you'd normally contact your local council office to query the decision and follow their appeals procedure.

Benefits for disabled people

If you have any queries about Disability Living Allowance or Attendance Allowance, call the Disability Living Allowance and Attendance Allowance Helpline, 08457 123 456, textphone 08457 224 433 (7.30 am to 6.30 pm, Monday to Friday).

If you're not satisfied with the results, you may be able to appeal by using the DWP form 'If you think our decision is wrong'.

DWP booklet: 'If you think our decision is wrong' (PDF, 109K)

Tax credits

HM Revenue & Customs (HMRC) makes decisions about tax credits.

You can download the appeal form online, below, or you can call the Tax Credits helpline.

If you live in England, Scotland and Wales call 0845 300 3900, textphone 0845 300 3909.

Lines are open every day from 8.00 am to 8.00 pm. 

Download the tax credits appeal form (PDF document, 111.20K)

Child Benefit and Guardians Allowance

These benefits are also handled by HMRC, appeal forms are available online or by phoning the helpline.

If you live in England, Scotland and Wales you can call the HMRC helpline 0845 302 1444, textphone 0845 302 1474.

Download CH24A - Child Benefit and Guardian's Allowance appeal form (PDF document, 36K)

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 you are 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. It can be sent to the local DWP office who will forward it to the Social Fund Inspectors, or sent direct to the Inspectors at the 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.

Download Independent Review Service (PDF document, 36K)

Advice and help with your appeal

We can provide you with help and advice with your appeal. We can help you complete the appeal forms and we may also be able to provide you with representation at a social security appeal tribunal. If you disagree with a benefits decision, or a Social Fund decision, contact a North Ayrshire Citizens Advice Bureau and speak to a Benefits and Welfare Rights Adviser.