Challenging benefits decisions

Navigating the benefits system can be stressful, especially if you receive a decision or change to your benefits that you believe is incorrect.

This page has advice on how to challenge and appeal benefit decisions.

Awaiting a benefit decision

There are target times applied to decision making, but in practice these are sometimes not met.

If you claim a benefit and do not receive a decision, contact the decision making authority (see "Which body is responsible for the benefit decision" below to find out who) to ask why the decision has been delayed.

If you are told your claim hasn’t been received, you should provide a copy of it, or you may have to complete another claim form and provide an explanation of how the first claim was submitted.

You should ask for your claim to be backdated to avoid losing out on benefit you are entitled to. If you experience unreasonable delays to a benefit decision, you can:

• make a complaint
• request an advance payment
• possibly claim another benefit
• contact your local authority for possible support

A decision maker might need you to provide further information or evidence to accompany your claim in order to reach a decision about your entitlement.

If you do not provide this your claim may be suspended, terminated or disallowed.

If a decision maker decides that your claim is not valid due to a lack of information, you should receive notification of this and you have a right to dispute the decision.

You should be notified in writing of a decision made on your claim. The decision notice should always set out your rights to challenge or appeal.

You can request a written statement of reasons for a decision if none are provided in the decision notice.

You must ask for this within one month of the date on the original decision notice.

Challenging a benefit decision

How you challenge a benefit decision can vary slightly, depending on which benefit you're disputing.

Department for Work and Pensions (DWP)

Most benefit decisions are made by Decision Makers working for the Department for Work and Pensions (DWP) who make decisions on behalf of the Secretary of State for Work and Pensions.

His Majesty’s Revenue and Customs (HMRC)

Child Tax Credit, Working Tax Credit, Child Benefit and Guardian’s Allowance decisions are made by His Majesty’s Revenue and Customs (HMRC) Officers.

Employer

Employers make decisions about Statutory Sick Pay, Statutory Maternity Pay, Statutory Paternity Pay and Statutory Adoption Pay.   

Local Authority or council

Housing Benefit and Council Tax Reduction/ Support decisions are made by Local Authorities. 

For DWP and HMRC decisions, you must first request a revision of the decision before you can make an appeal to an independent tribunal. This is called a Mandatory Reconsideration.

Employer benefits (e.g. Statutory Maternity Pay) are dealt with by HMRC.   

There are three ways of changing a decision made by a decision maker and these are:

• Revision (HMRC use the terminology ‘review’ for a revision)
• Supersession
• Appeal

For more detailed information, see Challenging a benefit decision - mandatory reconsideration on the Citizens Advice website.

Local Authority benefits are reviewed by your Local Authority (or Housing Executive in Northern Ireland). Your decision letter will tell what your options are.

Housing Benefit 

If you think a decision about your Housing Benefit is wrong you may be able to:

• Ask for an explanation
• Have the decision looked at again
• Appeal against the decision

Turn2us have more information about challenging a housing benefit decision. 

The process of challenging most benefit decisions is broadly the same for England, Wales, Scotland, and Northern Ireland. However, in Northern Ireland you lodge your appeal directly with The Appeals Service rather than HM Courts and Tribunals Service.

Challenging a Housing Benefit decision in Northern Ireland

If you wish to challenge a Housing Benefit decision in Northern Ireland and are a tenant, Housing Benefit is dealt with by the Northern Ireland Housing Executive.

If you are a homeowner, it is dealt with by Land and Property Services. If you think a decision about your Housing Benefit is wrong, or that important facts or evidence have been overlooked, you should contact the Northern Ireland Housing Executive or the Land and Property Services.

Further guidance

Further guidance for individuals in Northern Ireland can be found here:

• Challenging a benefit decision (Carers UK website)
• After claiming benefits (nidrect.gov website)

Appealing a benefit decision

If you've already asked for your benefit decision to be reviewed or reconsidered, but are not happy with the outcome, you can appeal to His Majesty’s Courts and Tribunals Service (HMCTS).

If you're not happy with the outcome of the reconsideration, you can appeal to His Majesty’s Courts and Tribunals Service (HMCTS).

Your appeal will be heard by an independent tribunal called the "First-Tier tribunal."

Your decision letter will always tell you what your options are, i.e. whether or not you are eligible to appeal.

Time Limits

You must appeal within one month of the date on the letter or email telling you the outcome of the reconsideration.

It is important to appeal in time otherwise you might lose the chance to challenge the decision.

Support with appealing a benefit decision

If you have an appeal hearing, read the advice below on "Attending Hearings."

If wish to discuss this matter further and take advice on how best to proceed, then please contact us via RCN Direct.

As a rule, we advise clients to avoid paper hearings as they are less successful than oral hearings.

Your letter from the tribunal will say when and where your hearing is, and you may have to attend your nearest tribunal centre. It is important to plan how to get to the tribunal. Make sure you know where the venue is and you have worked out how you will get there before the day. 

Having introduced telephone and video hearings during the Covid-19 pandemic, HMCTS have now implemented new technology and plan to continue to offer video hearings, where appropriate from 2024 so your hearing could be scheduled remotely meaning that you do no have to attend a Tribunal centre to present your oral evidence. 

A judge can decide to hold a hearing by telephone or video, based on relevant rules in that area of law. If you’re participating in a hearing, the court or tribunal will tell you if it’s taking place by video or telephone and explain how to join.

Guidance for joining a hearing

You can find more information here: HMCTS Video Hearings service: guidance for joining a hearing - GOV.UK (www.gov.uk)

How the RCN Welfare Service can help

If you have an appeal hearing listed and wish to discuss this matter further and take advice on how best to proceed, then please contact us via RCN Direct.