You are now leaving the Turn2us site. Turn2us is not responsible for content on third party sites.


Challenging an Employment and Support Allowance decision - Appeal against the decision

Find out more about Challenging an Employment and Support Allowance decision.

Appeal against the decision

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.

You must have asked for the decision to be looked at again and received the mandatory reconsideration notice first.

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

*The DWP leaflet ‘How to appeal against a decision made by the Department for Work and Pensions' tells you how to start your appeal.

*Download a copy of the appeal form ‘Notice of appeal against a decision of the Department for
Work and Pensions'

*Pick up a copy of the appeal form from your local Jobcentre, or

*Write to HM Courts and Tribunals Service (see address below).

If you can't get hold of the official appeal form, make sure you include the following details in your letter:

  • Your name and contact address

  • Your National Insurance number

  • A copy of the mandatory reconsideration notice

  • Why you think the decision is wrong

  • Your signature.

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

If you have lost the mandatory reconsideration notice you can ask for a copy to be sent to you, you will have to do this before you can appeal. If this causes a delay in sending in your appeal request, you will need to explain the reasons for the delay - see information about late appeals below.

Send your appeal to:

England and Wales: HMCTS SSCS Appeals Centre, PO Box 1203, Bradford, BD1 9WP.

Scotland: HMCTS SSCS Appeals Centre, PO Box 27080, Glasgow, G2 9HQ.

Time limit

You have one calendar month from the date on the mandatory reconsideration notice.

Late appeal

 

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

There is a section on the appeal form where you can give your reasons for it being 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 over one year and 30 days 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

 

If your appeal carries on, your appeal form will be sent to HM Courts and Tribunals Service, who run the First Tier Tribunal. The benefit office will also include their response. This explains:

  • How they came to their decision

  • What information they used

  • What benefit law they based their decision on.

The First Tier Tribunal

The First Tier Tribunal will decide if you are legally entitled to a benefit and can change a decision if they think it is wrong.

The tribunal could make a decision that leaves you worse off so it is often best to seek advice before deciding whether to appeal.

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.

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

Benefits whilst appealing an ESA decision

If you appeal against an ESA decision, you can ask to be paid ESA whilst you await the decision. You don't need to make a fresh claim for ESA.

You must continue to provide medical certificates (fit notes) whilst you are getting ESA.

If you have backdated medical certificates (fit notes) to cover the mandatory reconsideration period, then ESA can now be paid for that period as well. This doesn't apply if you claimed another benefit such as Jobseeker's Allowance or Income Support during the reconsideration period so received an equivalent amount of benefit.

Updated May 2016

Anything wrong with this page?

Tell us the problem

Please enter your name
Please enter a valid email address
Please enter what you were doing
Please enter what you'd like to report
Please enter the security code shown
Close

Thank you

If you would like to tell us more please visit our contact page

Close

Search for a grant

Look for funds that might be able to give you a grant and/or other types of help.

Use the Grants Search tool