Care and support

Challenging decisions

If you are unhappy with a decision about your benefits you can usually ask for it to be looked at again (revision) or you can formally appeal against the decision to an independent tribunal. If you are successful any change is normally backdated to the time of the original wrong decision.

There are strict time limits if you want to challenge a decision. If you miss the time limit, which is usually one month from the date of the decision letter, you can only put in a late challenge in exceptional circumstances.

If you want to know more about the decision you can contact the relevant department and ask for an explanation or you can ask for written reasons for the decision. A request for written reasons extends the one month time limit by 14 days.

It is best to ask for a revision in writing. You should supply extra information to support your case at this stage. The decision will be looked at again and you will be notified of the outcome whether they change the decision or not. If you are still unhappy with the outcome of a revision you then have a further month in which to appeal to an independent tribunal.

An appeal should be made in writing,identifying the decision which you are appealing against and the reasons why you disagree with the decision. It is best to complete the form GL24 – ’if you think our decision is wrong’ - available from jobcentre plus. Local councils may have their own appeal form.

When the department that made the original decision receives your appeal, they will look at their decision again. If they change the decision in a way that is favourable to you, the appeal will stop. If they have not given you everything you wanted, you will need to appeal again. If they do not change the decision at all, the appeal will proceed to tribunal.

An independent tribunal will then look at your appeal. This can be done on paper or through attending the tribunal where you will have an opportunity to explain why you disagree with the decision. We always recommend that you choose an oral hearing as this gives you the chance to discuss your case and your chances of succeeding are much higher than a paper hearing.

If you are unhappy with the tribunal’s decision you may be able to appeal to the social security commissioners if the tribunal got the law wrong. Time limits apply – seek advice.