Care and support

Challenging decisions

Benefit 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. You cannot ask for written reasons if the decision concerns incapacity benefit, maternity allowance, bereavement benefits, retirement pension, sure start maternity grant, funeral or cold weather payments.

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 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 Tel 0800 055 6688

When your appeal is received a new decision may be made. If this is favourable to you, the appeal will stop and if you are still unhappy you will need to appeal again. If the decision is not changed it will proceed to tribunal

An independent tribunal will then look at your appeal. This can be done on paper or through attending the tribunal hearing 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 opportunity to discuss your case.

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

Tax credit decisions

Her Majesty’s Revenue and Customs (HMRC) administers tax credits through the Tax Credit Office. The TCO can revise certain decisions eg if there is a change of circumstances, if they have made a mistake or if they think the award is wrong. However, unless you are simply reporting a change of circumstances, it is generally better to request an appeal if you are unhappy with a decision. This is because some decisions can only be changed by appeal and, in other cases, you may miss the deadline for appeal if HMRC does not revise the award.

Appeals

If you disagree with a decision you should appeal within 30 days of the date the decision was sent out to you. You can only put in a late challenge in exceptional circumstances.

A tax credit appeal should be made on appeal form TC623, contained in leaflet WTC/AP, How to Appeal Against a Tax Credit Decision or Award.

Appeals may be settled before going to a tribunal by mutual agreement. You should not agree to this unless you are completely happy with the position reached. If you and HMRC cannot agree, or you change your mind about an agreement within 30 days, the appeal will be forwarded to the Tribunal Service.

Tax credit appeal tribunals are dealt with by the Tribunals Service and are conducted in the same way as those for social security benefits.

Overpayments

There is no right of appeal against a decision to recover an overpayment. However, you can ask the Tax Credits Office not to recover an overpayment where you have fulfilled all your responsibilities in notifying them of changes of circumstances and errors in award notices. See leaflet COP26, available on 0845 300 3900 or click on the link entitled HMRC on the right hand side of the page..