Appeal a benefit decision

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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.

View a printable version of the whole guide

Part of Challenge and appeal a benefit decision: step by step

  1. Step 1 Find support and advice

    You can get free support and advice from:

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

  2. Step 2 Ask for mandatory reconsideration

    1. Ask for the benefits decision to be looked at again (mandatory reconsideration)

    You normally need to do this within one month of the date on your decision letter.

  3. Step 3 Appeal the decision to a tribunal

    If you鈥檙e unhappy with the decision after mandatory reconsideration, you can appeal it to a tribunal.

    1. Appeal to the Social Security and Child Support Tribunal

  4. Step 4 Ask for the tribunal's decision to be 'set aside' (cancelled)

    If you disagree with the decision, you can ask for it to be set aside (cancelled). The decision letter from the tribunal will tell you how to do this.

  5. or Appeal the tribunal's decision

    If you think the decision was wrong for a legal reason, you can appeal to the Upper Tribunal.

    1. Appeal to the Upper Tribunal (Administrative Appeals Chamber)

  6. and Check if you can get legal aid

    You may be eligible for legal aid to help you appeal to the Upper Tribunal.

    1. Check if you can get legal aid