Benefit Cap - How do I challenge a Benefit Cap decision?

There are different rules depending on whether you are being capped on Housing Benefit or on Universal Credit.

Housing Benefit

If you are receiving Housing Benefit, you can appeal against a decision to apply the Benefit Cap or against how much you should be capped by.

You will need to contact your local authority to request an appeal form. 

It is important to explain, with reference to the benefit rules, why you do not think that the Benefit Cap should apply or why you think that you are being capped by the wrong amount. You can get advice on how to do this. 

The court cannot decide that the Benefit Cap shouldn't be applied just because it is causing you hardship. 

Universal Credit

If you are receiving Universal Credit, you don't have any right to appeal to an independent tribunal about a decision to apply the Benefit Cap or about how much should be deducted under the Benefit Cap.

You can request a revision of the decision to apply the cap or of how much you are capped by. To do this, leave a note on your journal clearly stating that this is a request for a revision, and explaining in detail why you think the decision to apply the cap or the amount of the cap is wrong. You need to explain this in relation to the benefit rules. You can get advice on how to do this. 

The Department for Work and Pensions (DWP) cannot decide that the Benefit Cap shouldn't be applied just because it is causing you hardship.

If, after the review, the DWP continues to apply the cap, you may be able to get them to change the decision by making a complaint. It is often helpful to contact your MP about complaints like this. 

Examples

Request for revision: You have applied the Benefit Cap to my payment. I should be exempt from the Benefit Cap because I receive Personal Independence Payment (PIP).

Request for revision: You have applied a Benefit Cap of £200 to my payment. This is not the correct amount. My total entitlement to benefits included within the Benefit Cap is £1,766 per month. This is made up of £1,566 Universal Credit and £200 Child Benefit. You should only have deducted £100 for the Benefit Cap.