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

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.

Before you appeal

Before you can appeal, you usually need to ask for the decision about your benefits to be looked at again. This is called 鈥榤andatory reconsideration鈥�.

Your decision letter will say if you can appeal straight away and do not need to ask for mandatory reconsideration.

How to appeal

It鈥檚 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鈥檒l have to explain why you did not do it earlier. Your appeal might not be accepted.聽

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鈥檚 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
• Guardian鈥檚 Allowance
• Health in Pregnancy Grant
• Home Responsibilities Protection
• Incapacity Benefit
• Income Support
• Industrial Death Benefit
• Industrial Injuries Disablement Benefit
• Jobseeker鈥檚 Allowance
• Maternity Allowance
• National Insurance credits
• 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

Get help and advice

You can get free help and advice from:聽

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

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

Before you appeal

Before you can appeal, you usually need to ask for the decision about your benefits to be looked at again. This is called 鈥榤andatory reconsideration鈥�.

You鈥檒l need to provide your mandatory reconsideration notice when applying.

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

Appeal online

You鈥檒l need:聽

• your National Insurance number聽
• the details of the representative helping with your appeal (if you鈥檙e using one)聽
• your mandatory reconsideration notice (or the reason you did not need to have a mandatory reconsideration - this is in your decision letter)

You鈥檒l 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.

Continue with an existing appeal

.

If you need help appealing online

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

If you鈥檙e 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鈥檙e using , or .

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

Appealing by post

Use form SSCS1 to appeal a benefits decision by post, except if it鈥檚 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 鈥榬epresentative鈥� 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 .

Your representative will have permission to act on your behalf, for example to respond to letters. They鈥檒l 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:

If you live in Scotland, write to:

Contact the benefit appeals helpline

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

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

You鈥檒l 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鈥檝e set up your account, you鈥檒l 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鈥檚 details change

• request an audio recording of your hearing after it鈥檚 taken place

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鈥檙e submitting evidence by post, you鈥檒l 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鈥檒l 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鈥檙e attending)
• register your representative as soon as you can (if you鈥檙e 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鈥檙e 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鈥檒l have the opportunity to explain your appeal.

You鈥檒l 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鈥檙e 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.

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 - 拢4.25 if you鈥檙e away for more than 5 hours, 拢9.30 for more than 10 hours or 拢13.55 for more than 12 hours
• loss of earnings - 拢38.96 if you鈥檙e away from work for up to 4 hours or 拢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鈥檒l need to include proof, for example:

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

Apply for an audio recording of the hearing

You or your representative can get an audio recording of your hearing if it was in-person or by phone or video.

Recordings are free.

Apply for a copy of the audio recording within 18 months of your hearing date.

You can apply using the account you used to manage your appeal online, if you have one.

If you cannot apply online, write to the address on the document cover sheet sent with your decision notice. Include your appeal reference number.

You may be able to:

• get a decision cancelled (鈥榮et aside鈥�)聽
• appeal to the Upper Tribunal (Administrative Appeals Chamber)

Your decision letter has more information.

Get a decision set aside

You鈥檒l be told how to get a decision set aside (cancelled) if you think there鈥檚 been a mistake in the process. You can then start the appeal process again so a new decision can be made. Contact 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 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 鈥榮tatement of reasons鈥�) 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.