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Challenging a Child Benefit or Guardian's Allowance decision - Appeal against the decision - Old Process

Find out more about Challenging a Child Benefit or Guardian's Allowance decision.

Appeal against the decision - Old Process

An appeal is a way of telling the benefit office that you think a decision is wrong.

When you appeal a decision, it will be looked at by an independent tribunal, which is completely separate from the benefit office.

Action

You must make your appeal in writing.

If you appeal on the official appeal form this can help you to give all the information that is needed.

The HMRC leaflet ‘What to do if you think our decision is wrong’ will tell you how to start you appeal and includes a copy of the appeal form.

*Download a copy of the 'What to do if you think our decision is wrong' appeal leaflet and form from the HM Revenue and Customs (HMRC) website

*Pick up a copy of the appeal leaflet and form from your local tax office

or



*Write to HMRC using the address on your decision letter. 

If you decide to appeal by writing to the benefit office, make sure you include the following details:

  • Your name and contact address

  • Your National Insurance number

  • Your Child Benefit number if available

  • The date of the decision you are appealing against

  • The decision you are appealing against

  • Why you think the decision is wrong

  • Your signature. If you don't include all these details your appeal may have to be returned to you.

If you don't include all these details your appeal may have to be returned to you.

Time limit

You have one calendar month from the date of the decision. The date will be shown at the top of your decision letter.

You may get longer if you ask for an explanation of the decision to be sent to you.

If you ask for the decision to be looked at again before you appeal, you have one month from the date of your most recent decision.

Late appeal

If you missed the appeal  deadline for reasons out of your control, such as illness or bereavement, you may be given more time to appeal.

When you appeal you should explain why it is late.

If the benefit office doesn’t think you have a good reason for appealing late, they will pass your request to the Tribunal Service who will decide if your appeal can be accepted or if it is too late to be heard.

An appeal can’t be accepted if it is 13 months or more since the date of the decision

Possible outcomes

Look again at the decision

If they haven’t already, a different decision maker will look at the decision and decide whether it should be changed.

If they decide that they can’t change the original decision, your appeal will carry on.

If they decide that the original decision is wrong, they will change the decision and send you a new decision letter:

  • If the new decision makes you better off your appeal will stop. You can appeal this new decision if you think it is wrong

  • If the new decision does not make you better off, your appeal will carry on, but now it will be against the new decision. Send appeal on to Tribunal Service.

Send appeal on to Tribunal Service

If your appeal carries on, it will be sent to an independent First Tier Tribunal that will decide if you are legally entitled to a benefit and can change a decision if they think it is wrong.

It is important to know that the tribunal could make a decision that leaves you worse off.

The tribunal cannot:

*Change the law

*Deal with administrative complaints, like delay or poor service
(see complaints about your claim)

*Consider changes of circumstances which have taken place since the decision was made - you may be able to make a new benefit or tax credit claim.

 The First Tier Tribunal

For information about what happens when your appeal is received by the Tribunal Service (England, Scotland and Wales), or Appeals Service (Northern Ireland) see Turn2us information on First Tier Tribunal Appeals.

 

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