If you used to get Tax Credits, Income Support or Income-based JSA

These benefits have ended for everyone. You can still appeal to a tribunal if you think a decision made about these benefits was wrong and should be changed.

If you want to appeal a benefit decision you must ask the Department for Work and Pensions (DWP) or HM Revenue and Customs (HMRC) to look at their decision again first. This is called asking for mandatory reconsideration. The DWP will reconsider the decision – they’ll usually give you a response called a ‘Mandatory Reconsideration Notice’. If you still disagree with the decision, check the Mandatory Reconsideration Notice – it will say if you can appeal to an independent tribunal. If HMRC has refused to extend your deadline to challenge a tax credits decision, you don’t need a Mandatory Reconsideration Notice. You can’t appeal against some things including:

• when and how your benefit is paid to you
• the DWP or HMRC suspending your claim while they check if you’re eligible for benefits

If you want to appeal a Housing Benefit decision, there are different rules. Check how to challenge a Housing Benefit decision. If you want to appeal an Employment and Support Allowance (ESA) decision, you might not have to ask for mandatory reconsideration. Check how to challenge an ESA decision.

Check how long you have to appeal

You should appeal within 1 month of the date on the Mandatory Reconsideration Notice.

If you don’t appeal within 1 month

The tribunal will usually accept your appeal up to 13 months after the decision. You should explain on your appeal form:

• why your application is late – for example because you were ill or you didn’t get the Mandatory Reconsideration Notice because of a problem with your post
• why the decision you’re challenging is important, for example because the money will make a big difference to you each week or month

The tribunal will ask the DWP or HMRC if they object to the appeal being accepted late. If they object, the tribunal will decide whether to accept the appeal before they look at the facts of your case.

If you got the Mandatory Reconsideration Notice more than 13 months ago

The tribunal won’t usually accept your appeal. You can ask the DWP or HMRC to change the original decision if you can show they made it because of a mistake.

Appealing for someone else

If you’re not the person who claimed the benefit you can appeal if:

• you’re their parent or guardian
• you’ve been appointed by the DWP or HMRC to act for them because they can’t deal with their claim, for example because of their mental or physical health
• they’re terminally ill and you claimed Personal Independence Payment, Disability Living Allowance or Attendance Allowance for them
• they’ve died and you’ve been given permission by the DWP or HMRC to act for them
• the DWP or HMRC have decided to recover an overpayment, an advance or a hardship payment from you

Starting your appeal

You need to apply to HM Courts and Tribunals Service (HMCTS) to start your appeal. When you appeal you’ll be asked if you want a hearing. If you have a hearing the tribunal can ask you questions about your situation before they make a decision. It’s worth asking for a hearing if you’re happy to answer questions – you’re more likely to win your case. If you choose to have a hearing, say if you can attend it:

• by phone
• by online video call
• in person

The DWP or HMRC should send any evidence you’ve already given them to HMCTS. You don’t need to send it again when you appeal. If you have new evidence when you fill in the appeal form you can either:

• upload it if you’re applying online
• post it to HMCTS with your form

If you’re waiting for new evidence, you should still fill in the appeal form and submit it online or post it. When HMCTS respond to your appeal form, they’ll tell you where to send the evidence. Try to send it within 1 month of them contacting you.

If you want to keep your address confidential

If you’re appealing against a joint claim you made with your partner or ex-partner, HMCTS will usually send them details of your appeal. If you don’t want them to know your address, ask HMCTS to keep it confidential when you send in your appeal.

Check what happens after you appeal

HMCTS will check your form and ask the DWP or HMRC to respond to your appeal within 28 days. Once the DWP or HMRC respond, HMCTS will send you:

• a copy of the response
• details of what happens next, including when and where the hearing will be
• all the evidence HMCTS have received from the DWP or HMRC – this is called the ‘appeal bundle’

It’s important to check through the bundle because this is one of the main things the tribunal will use to make its decision. If any evidence is missing, send it to HMCTS and explain that the DWP or HMRC didn’t send it. You can send evidence to HMCTS up to 1 month after you get the appeal bundle. You should still send the evidence even if you miss the deadline, but explain why you’re sending it late. If you get some evidence just before the tribunal and there’s no time to post it, take it with you. The tribunal panel might consider it or they might reschedule the hearing if they need more time to read it. If there will be a hearing, the tribunal might suggest a phone call or video conference. You can check how to prepare if the tribunal arranges a hearing by phone or video call.

If the tribunal cancels your appeal

An appeal can be cancelled – known as ‘struck out’ – if you fail to do something HMCTS asks for, like sending them a certain document. HMCTS will write to warn you if your appeal is in danger of being struck out so you have the chance to stop it. You can ask for an appeal that was cancelled because you failed to do something to be looked at again – known as getting an appeal ‘reinstated’. Write to HMCTS and include:

• your full name and address
• your National Insurance number
• the decision you’re appealing
• the date your appeal was cancelled
• why you failed to do something HMCTS asked for, if this was the reason your appeal was struck out
• why you think your appeal should be looked at again

You should write no more than 1 month after HMCTS wrote to tell you about the cancellation. If you need this time extended, explain in your letter why you missed the 1 month deadline. If your appeal was struck out for any other reason, you should still write to the tribunal and explain why your appeal shouldn’t have been struck out. If the tribunal agree they’ll reopen your appeal. If the tribunal don’t agree to reopen your appeal, talk to an adviser. They can help check if there’s anything else you can do.

Making a new claim during your appeal

If you’re appealing because your benefit was refused or stopped, you might be able to start a new claim while you’re waiting for your appeal decision. You can do this if:

• your circumstances have changed – for example, your income has reduced
• you claimed a disability benefit and your condition has got worse or you’ve developed a new one

It’s worth making a new claim if the changes mean you’re now likely to be accepted for the benefit. Your appeal will still continue. If it’s successful, you’ll be paid any money you’re owed up to the date of your new claim. If your new claim is refused you can ask for mandatory reconsideration and appeal it if you need to.

If you’re thinking of claiming Universal Credit

Universal Credit has replaced some types of older benefits. You can’t go back onto your old benefit if you make a new claim for Universal Credit, even if your appeal is successful. You should talk to an adviser before claiming Universal Credit if your appeal is for:

• income-based Jobseeker’s Allowance
• income-related Employment Support Allowance
• Income Support
• Housing Benefit

Going to the appeal hearing

The hearing is your chance to explain in your own words why you think the decision is wrong. The tribunal might want to ask you questions. You can claim back expenses to cover the cost of travelling to the hearing, or to cover pay you might miss out on. Find out how to claim expenses on GOV.UK. Contact us to ask if they can represent you at the hearing. You can also take a friend or a family member for support. If you don’t go to the hearing, the decision will be made using the information on your appeal form and any evidence you’ve given. You’ll usually get an answer on the day of the hearing. You’ll get the tribunal’s decision through the post if you’re not at the hearing or if they need longer to decide.

Challenging a tribunal decision

You might be able to appeal a tribunal’s decision if you can show that it made an ‘error of law’. First you have to ask the tribunal for a ‘statement of reasons’ if they haven’t sent you one. You must ask within a month of the decision – the letter from the tribunal tells you how. It’s complicated to show that the tribunal made an error of law. You should contact us to get help as soon as possible.