Appeal a benefit decision

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1. Overview

You can appeal a decision about your entitlement to benefits, for example Personal Independence Payment (PIP), Employment and Support Allowance (ESA) and Universal Credit.

There’s a different process if you live in Northern Ireland or you want to appeal a decision made by Social Security Scotland.

Appeals are decided by the Social Security and Child Support Tribunal who are supported by HM Courts and Tribunals Service (HMCTS). The tribunal is impartial and independent of government.

The tribunal will listen to both sides before making a decision.

This guide is also available in Welsh (Cymraeg).

Before you appeal

You must usually ask for the decision about your benefits to be looked at again before you can appeal - this is called ‘mandatory reconsideration’.

If you do not need to do this, your decision letter will say that you can appeal straight away. The letter will explain why you do not need a mandatory reconsideration - include this when you submit your appeal. 

How to appeal

It’s free to appeal a benefit decision.

Appeal to the tribunal within one month of getting your mandatory reconsideration decision. If you start your appeal after a month you’ll have to explain why you did not do it earlier. Your appeal might not be accepted. 

After you submit your appeal, you can manage your appeal online and provide evidence to the tribunal. Your appeal will be decided at a tribunal hearing.

Benefit decisions you can appeal

You can appeal a decision about:

  • 30 hours free childcare scheme
  • Attendance Allowance
  • Bereavement Support Payment
  • Carer’s Allowance
  • Child Benefit
  • Child Support or Child Maintenance
  • Compensation Recovery Unit
  • Contracted Out Employment Group
  • Disability Living Allowance (DLA)
  • Disability Working Allowance
  • Employment and Support Allowance (ESA)
  • Funeral Expenses Payment
  • Health in Pregnancy Grant
  • Home Responsibilities Protection
  • Incapacity Benefit
  • Income Support
  • Industrial Death Benefit
  • Industrial Injuries Disablement Benefit
  • Jobseeker’s Allowance
  • Maternity Allowance
  • National Insurance credits (if you’re unemployed and looking for work, but not getting New Style Jobseeker’s Allowance)
  • Pension Credit
  • Personal Independence Payment (PIP)
  • Retirement Pension
  • Severe Disablement Allowance
  • Sure Start Maternity Grant
  • Tax credits
  • Tax-Free Childcare
  • Universal Credit
  • Winter Fuel Payment
  • Vaccine Damage Payment

Check any letters you’ve received about your benefit if you do not know the exact name.

Get help and advice

You can get free help and advice from: 

You can also seek advice from a legal adviser or solicitor.

2. Submit your appeal

You can appeal a decision about your entitlement to benefits, for example Personal Independence Payment (PIP), Employment and Support Allowance (ESA) or Universal Credit.

You must ask for the decision about your benefits to be looked at again before you can appeal, unless your decision letter says you do not need a ‘mandatory reconsideration’.

You’ll need:

  • your National Insurance number
  • the details of the representative helping with your appeal (if you’re using one)
  • your mandatory reconsideration notice - you get this after you ask for the benefit decision to be looked at again

If you do not need a mandatory reconsideration your decision letter will say why. Include this explanation when you submit your appeal.

You’ll need to choose whether you want to go to the tribunal hearing to explain your appeal in person. If you do not attend, your appeal will be decided on your appeal form and any supporting evidence you provide.

Start now

Continue with an existing appeal

Sign in to continue with your saved benefit appeal application.

If you need help appealing online

Who you contact depends on the type of help you need.

If you’re having technical issues or need guidance about how to appeal

You can use the web chat in the service to get help.

You can only access the web chat if you’re using Google Chrome, Mozilla Firefox or Apple Safari.

If you cannot access the web chat, contact the benefit appeals helpline listed at the end of this page.

If you do not have access to the internet or do not feel confident using it

We Are Group
support@wearegroup.com
Telephone: 03300 160 051
Monday to Friday, 9am to 5pm
Closed on bank holidays
Text FORM to 60777 and someone will call you back
Find out about call charges

Appealing by post

Use form SSCS1 to appeal a benefits decision by post, except if it’s related to a Vaccine Damage Payment.

Use form SSCS2 to appeal a Child Maintenance decision by post. You cannot appeal a Child Maintenance decision online.

Use form SSCS5 to appeal an HM Revenue and Customs (HMRC) decision by post. You cannot appeal an HMRC decision online.

Use form SSCS7 to appeal a decision about a Vaccine Damage Payment by post.

Appoint someone to help with your appeal

You can appoint someone as a ‘representative’ to help you with your appeal. A representative can:

  • help you submit your appeal or prepare your evidence
  • act on your behalf
  • give you advice

Anyone can be a representative, including friends and family.

You might also be able to find a representative through a local library or from an organisation in your area that gives advice on claiming benefits, such as Citizens Advice.

Your representative will have permission to act on your behalf, for example to respond to letters. They’ll be sent all the information about your appeal, including any medical evidence.

To register a representative, you can either:

  • name your representative when you submit your appeal
  • register a representative at any point after you submit your appeal

Write to HM Courts and Tribunals Service (HMCTS) Benefit Appeals to register a representative after you submit your appeal.

If you live in England or Wales, write to:

HMCTS Benefit Appeals
PO Box 12626
Harlow
CM20 9QF

If you live in Scotland, write to:

HMCTS Benefit Appeals
PO Box 13150
Harlow
CM20 9TT

Contact the benefit appeals helpline

The helpline can help if you have questions about appealing a benefit decision.

Benefit appeals helpline (England and Wales)
contactsscs@justice.gov.uk
Telephone: 0300 123 1142
Monday to Friday, 8am to 5pm
Find out about call charges\

Benefit appeals helpline (for Welsh speakers)
Telephone: 0300 303 5170
Monday to Friday, 8.30am to 5pm
Find out about call charges

Benefit appeals helpline (Scotland)
SSCSA-Glasgow@justice.gov.uk
Telephone: 0300 790 6234
Monday to Friday, 8:30am to 5pm
Find out about call charges  

3. After you submit your appeal

Your appeal will be sent to the department that made the decision about your entitlement to benefits. They’ll respond to your appeal explaining why they made the decision.

You’ll get a copy of the response.

Managing your appeal online

You can create an account after submitting your appeal by using the link in your acknowledgement email. You can also create an account afterwards by contacting the benefit appeals helpline and giving them an email address.

Once you’ve set up your account, you’ll be able to:

  • track the progress of your appeal

  • upload evidence to support your appeal

  • make a statement to support your appeal or ask for your details to be updated, for example if you move house or if your representative’s details change

Providing evidence

You can provide evidence to help the tribunal understand your condition or circumstances so they can make a decision. Evidence can include:

  • a report or care plan from a specialist, therapist or nurse
  • a letter from someone who knows you

You can submit evidence online or by post. If you’re submitting evidence by post, you’ll be told where to send it in your acknowledgement letter after you submit your appeal.

Send it as soon as you can so the tribunal have time to read it before the hearing.

The hearing

Your appeal is decided at a tribunal hearing. The tribunal will tell you the time and location of the hearing.

You’ll get the decision by post after the hearing. You may get a decision on the day if you go to the hearing.

How long it takes

It usually takes up to 6 months for an appeal to be heard by the tribunal.

Your appeal might be delayed unless you:

  • send any evidence as soon as you can before the hearing
  • arrive at the hearing on time (if you’re attending)
  • register your representative as soon as you can (if you’re using one)

4. What happens at the hearing

Submit any evidence as soon as possible before the hearing so the tribunal has time to read it. Evidence will usually be shared with all parties, including your representative (if you’re using one).

A judge and one or two experts will make a decision about the case. Who the experts are depends on what benefit you’re appealing. The judge and experts are impartial and independent of government.

The tribunal must follow the rules in the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008.

If you attend the hearing

You’ll have the opportunity to explain your appeal.

You’ll be asked questions about your condition or circumstances by the judge or the experts.

The department that made the original decision may also be at the hearing. They may ask questions, but they’re not part of the tribunal and do not decide the result of the appeal.

If you or your representative is outside the UK and wants to give live video or audio evidence, contact the tribunal to request it. Tell the tribunal what country you or your representative is in and what type of evidence is being given. You must do this as soon as possible.

You can get support during the hearing, for example an interpreter, hearing loop or accessible tribunal room. You can request support when you make an appeal.

You cannot use your own interpreter during the hearing.

Claiming expenses

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

  • travel expenses to cover your fare if you get there using 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 - £38.96 if you’re away from work for up to 4 hours or £75.59 for 4 hours or more
  • care expenses up to the National Minimum Wage, for example for a childminder

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

You’ll need to include proof, for example:

  • receipts
  • a letter from your employer for loss of earnings

5. If you're unhappy with the tribunal's decision

You may be able to:

Your decision letter has more information.

Get a decision set aside

You’ll be told how to get a decision set aside (cancelled) if you think there’s been a mistake in the process. You can then start the appeal process again so a new decision can be made. Contact Citizens Advice if you need help.

Appeal to the Upper Tribunal Administrative Appeals Chamber

You can only appeal to the Upper Tribunal (Administrative Appeals Chamber) if you think the decision was wrong for a legal reason, for example, if the tribunal did not:

  • give proper reasons for its decision, or back up the decision with facts
  • apply the law properly

You may be able to get legal aid when you appeal to the Upper Tribunal (Administrative Appeals Chamber) - this can help pay for legal advice.

Contact Citizens Advice if you need help.

You must then follow 3 steps.

  1. Ask the Social Security and Child Support Tribunal for full written reasons (known as a ‘statement of reasons’) within one month of the date of the decision. The decision letter will tell you how to do this.

  2. Ask the Social Security and Child Support Tribunal for permission to appeal to the Upper Tribunal (Administrative Appeals Chamber).

  3. If the Social Security and Child Support Tribunal refuses, ask the Upper Tribunal (Administrative Appeals Chamber) for permission to appeal.