You can appeal to the Social Security and Child Support Tribunal if you disagree with a decision about benefits, tax credits or a child support payment.

The tribunal is independent and can change the decision if it thinks the decision is wrong.

Decisions made on or after 28 October 2013

You must go through the 'mandatory reconsideration' process before you appeal to the tribunal.

You can appeal directly to the tribunal for decisions made on or after 28 October 2013 if you're appealing a decision on:

• Jobseeker's Allowance (JSA)
• Personal Independence Payment (PIP)
• Universal Credit
• Income Support
• Child Maintenance
• any other DWP benefit or credit

Decisions made before 28 October and other benefits

Follow these steps when you appeal benefit decisions that were made before 28 October 2013 or for a decision on:

• Child Benefit
• Guardian's Allowance
• Housing Benefit
• Tax Credits
• Community Care Grant
• Crisis Loan

1. You can't appeal directly to the tribunal. First, send your appeal to the organisation dealing with your claim. The form you need depends on what you're appealing.

2. The organisation dealing with your claim can change their decision. If they don't, they'll send your appeal to the tribunal for you. They'll include any supporting documentation. You'll be sent a copy of everything sent to the tribunal.

3. The tribunal will let you know if they can deal with your case. They'll explain why if they can't.
   
   If they can, they'll ask you how you want your case dealt with (eg a hearing) and may ask for more information.

4. The tribunal will review your case and make a decision. If you lose your case, you may be able to appeal the tribunal's decision.

It can take the tribunal several months to deal with your case.

Help with your appeal

Contact an advice centre like the Citizens Advice Bureau if you want help with your appeal - eg filling in forms, going to a hearing.

You can also ask an adviser, friend or family member to appeal on your behalf.

You can appeal directly to the tribunal if you're appealing a decision made on or after 28 October 2013 on:

• Jobseeker's Allowance (JSA)
• Personal Independence Payment (PIP)
• Universal Credit
• Income Support
• any other DWP benefit or credit

Your decision letter tells you the date of the decision.

You first need to ask for the benefit decision to be looked at again. This is called 'mandatory reconsideration'.

You'll receive a 'mandatory reconsideration notice' as a response.

You can only appeal to the tribunal after you've received your mandatory reconsideration notice.

The tribunal process

1. The form you needs to fill in depends on what you're appealing eg for most benefits fill in the form 'Notice of appeal against a decision of the Department for Work and Pensions - SSCS1' and send it to the address on the form. Use form 'Child Maintenance Group - SSCS2' for child maintenance appeals. Enclose a copy of your mandatory consideration notice.

2. The tribunal will let you know if they can deal with your case. They'll explain why if they can't.
   
   If they can, they'll ask you how you want your case dealt with (eg a hearing) and may ask for more information.

3. The tribunal will review your case and make a decision. If you lose your case, you may be able to appeal the tribunal's decision.

It can take the tribunal several months to deal with your case.

Help with your appeal

Contact an advice centre like the Citizens Advice Bureau if you want help with your appeal, eg filling in forms and going to a hearing.

You can also ask an adviser, friend or family member to appeal on your behalf.

Decisions made before 28 October 2013 and other benefits

You need to follow a different process for decisions made before 28 October 2013. This also applies to decisions made on:

• Child Benefit
• Guardian's Allowance
• Housing Benefit
• Tax Credits
• Community Care Grant
• Crisis Loan

The tribunal might decide to send you an enquiry form, asking how you want your case to be dealt with. You’ll also be sent notes explaining how to fill in the form.

You can either:

• go to the hearing and put your case in person
• not go to the hearing and ask the tribunal to reach its decision without you being there

You must decide whether you want to go to the hearing and say this on the form.

You must return the enquiry form to the tribunal within 14 days.

The tribunal will send you a copy of its decision by post if there isn’t a hearing.

Evidence supporting your appeal

You can use documents to support your appeal, eg:

• a letter from your doctor
• accounts showing your earnings if you’re self-employed
• letters to your former partner about childcare arrangements

Send copies of these documents to the tribunal as soon as you can.

This will give the department or council a chance to look at the evidence, and they could change their decision as a result.

Where a hearing can take place

The tribunal will give you at least 14 days’ notice of the date of any hearing.

The tribunal will try to hold the hearing near your home. You can ask for it to be held at another tribunal venue.

Take your appeal papers and the documents you’re using as evidence if you're not happy with the response from the Cashback Administrator.

Who will be at the hearing

The case will be heard by a judge. They judge may be joined by experts - eg a doctor or an accountant (depending on what the case is about).

The department or council may send a representative, known as a ‘presenting officer’, to your hearing.

You can bring someone to the hearing to help you - eg a friend, neighbour, relative or someone from an advice centre.

What happens at the hearing

The judge and tribunal members will ask you questions about your case.

They will then question anyone you’ve brought to the hearing to support your case.

You normally get the tribunal's decision on the day, but it may be sent in the post a few days after the hearing.

Claiming expenses

You may be able to claim for expenses for going to the tribunal, including:

• travel expenses to cover your fare if you go by public transport
• travel expenses of 12p per mile if you drive, plus 2p per mile for up to 2 passengers
• meals - £4.25 if you’re away for more than 5 hours, £9.30 for more than 10 hours, or £13.55 for more than 12 hours
• loss of earnings - £37.06 if you’re away from work for up to 4 hours, or £71.80 for 4 hours or more
• care expenses, eg for a childminder - up to the National Minimum Wage

The clerk will help you fill in a claim form when you go to the hearing.

Make sure you take receipts, and a letter from your employer for loss of earnings.

Contact the tribunal as soon as possible if you need to get a taxi, or have to stay away from home overnight.

You can ask for permission to appeal to a higher tribunal, called the Upper Tribunal (Administrative Appeals Chamber) if you lose your appeal, though permission might not be granted.

The Upper Tribunal can look at the case to see if the original decision was correct.

You must ask for permission to appeal within 1 month of getting the decision.

Reasons for appealing

You can only appeal if you think the decision was wrong for a legal reason, eg if the tribunal didn’t:

• follow the right procedures - eg didn’t tell you in time about the hearing
• give proper reasons for its decision, or back up the decision with facts
• apply the law properly

Before appealing, ask the original tribunal for the ‘statement of reasons’ for its decision.

Fill in the form below if you still think the decision was wrong:

Download 'Application for permission to appeal to the Upper Tribunal form' (PDF, 174KB)

Download 'Application for permission to appeal to the Upper Tribunal form' (DOC, 256KB)

Download 'Guidance notes for permission to appeal to the Upper Tribunal form' (PDF, 512KB)

Send the form to the Social Security and Child Support Tribunal.

You can use the same form to apply directly to the Upper Tribunal if the tribunal doesn’t give you permission to appeal.

What the Upper Tribunal can do

The Upper Tribunal can:

• cancel the decision and refer the case to a new hearing
• come to its own decision on the case, replacing the original decision
• reject the appeal

Find out more about appealing to the Upper Tribunal (Administrative Appeals Chamber).