08. How do I appeal against a decision?

You can appeal against an initial decision or one that has been changed following a revision or supersession.  The usual time limit for making an appeal is one month from when the decision was made for social security benefits and 30 days for tax credits.  You may be able to appeal up to one year after this time limit has ended if:

• you can show that your appeal has a reasonable chance of success; or  
• it is in the interests of 'natural justice'.  This means if something serious happened (like you were ill, or your partner died) which made it difficult for you to claim within the normal one-month time limit.

If you are making an appeal, you must write to the office that made the decision you are appealing against. The Department of Work and Pensions, Inland Revenue and your local authority each has its own appeal forms which you should fill in if you can.  If you can't get hold of one of these, they will accept a letter.

The appeal form or letter needs to describe the decision you are appealing against and the main reason why you think it is wrong.

After you have made an appeal, a decision maker will look at the decision again to see if they should change it.  If the decision is not changed in your favour, it will go to an appeal tribunal.  For tax credits, the Inland Revenue can decide to settle the case with you before a hearing.  Otherwise, you have the choice of going to an oral hearing or you can let your case be decided just on your claim form and appeal form or letter.  It is normally better to go to an oral hearing where you can explain your case in front of the tribunal. You can take someone with you if you wish.

How does the appeal tribunal work?
At an appeal tribunal, you can explain why you think a decision should be changed. The tribunal will include a solicitor or barrister and sometimes a doctor, accountant, or a person with experience of a disability if necessary. The number and type of people on the tribunal will depend on the type of question that they are looking at. A representative of the Department of Work and Pensions, Inland Revenue or local authority may also be there depending on which is involved in your situation. They will present the case of the agency that has made the decision you are appealing against.

The people at the tribunal usually sit around a table with the tribunal members on one side and you, your representative, the agency's representative and any witnesses on the other. There is no special way for how a tribunal is run. They will ask a question and give you the chance to present your case. The tribunal normally makes the decision on the same day, and will give you a written explanation for their decision.

Can I challenge appeal tribunal decisions?
Either you or the agency has the right to appeal against a tribunal decision to the Social Security Commissioners. You can make an appeal only on a point of law. This includes:

• if a tribunal misinterprets the law; or  
• if it doesn't make an accurate record of the reasons for the decision.

If the agency appeals, you will not normally be paid your benefit or tax credit until the appeal is heard. Once a Commissioner has ruled on a case, you can appeal to the Court of Appeal, and finally, to the House of Lords.