06. If you want to challenge a benefit decision

If you disagree with a Social Security decision (perhaps because you think you have been wrongly turned down for a benefit or not paid at the correct rate), you need to contact the agency that made the decision and tell them in writing that you want them to look at the decision again. You should try to keep a copy of your letter.

A challenge against a decision is officially called a 'revision' or 'supersession'. Another way to challenge a decision is to appeal, which you must always do in writing. Appeal tribunals will decide on the appeal. These are separate from the agency that makes benefit decisions.

If you want to challenge a decision on a benefit, it is a good idea to get expert advice to ensure that you tell the agency or appeal tribunal everything that might help it change the decision. See 'Further help' for where to find expert advice.

What is a revision?
You should ask for a revision if you want the agency to look at a decision again. If they change the decision in your favour, the benefit will be paid from the date of the original decision. The agency can change the decision for any reason, but you must normally ask for a revision within one month of the original decision. This time limit can be increased to 13 months in some cases. In other situations (for example if the agency involved make a mistake when deciding your claim) there is no time limit.

You could ask for a revision if you:

  • disagree about the amount of benefit you have been awarded; or  
  • if you have been refused benefit or had it taken off you.

If you are not happy with the new decision after a revision, you can still appeal to an appeal tribunal.

What is a supersession?
If you are already receiving benefit and your circumstances change, you would normally ask for a supersession to take account of the change. Decisions can be changed by a supersession if:

  • there has been, or there is likely to be, a change of circumstance; or  
  • there was some sort of mistake about the facts or the law involved in your benefit claim.

If benefit is paid because of a supersession, it is normally paid only from the date you made the application. You must inform the relevant agency within one month of any change of circumstances to get extra benefits from the date of the change, although this can be extended by a further 12 months in some situations.

If you are not happy with the new decision after a supersession, you can also appeal to an appeal tribunal.


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