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How to appeal against a benefits decision

If you think a decision about your benefits is wrong, you can ask the office that made the decision to explain it. You can also ask to get the decision reconsidered and, if you're still unhappy, you can appeal against the decision to an independent tribunal.

If you disagree with a benefits decision

When the benefits office sends you a letter about their decision, if you do not agree, you can ask them to explain or reconsider it.

If you're unhappy with a reconsidered decision you can appeal.

You can ask for an explanation or reconsideration of every decision, but some benefit decisions cannot be appealed.

For example, you can't appeal against decisions on:

  • Budgeting Loans
  • Community Care Grants
  • Crisis Loans

The decision letter will make it clear if it can't be appealed.

Deadlines

You have one month:

  • after getting a decision to ask for it to be explained, reconsidered or to appeal
  • after getting a reconsidered decision to start an appeal

A late appeal may be accepted if you have special circumstances that prevented you appealing in time, but not if more than 13 months have passed.

How to appeal

Information on how to appeal is normally included in the decision letter.

In most cases, it involves filling in the appeal form in the leaflet: 'If you think our decision is wrong' and posting it to the benefits office dealing with your claim.

You can pick up the leaflet at your local Social Security/Jobs and Benefits office or download it, below, from the Department for Social Development website.

But if you are appealing in these cases follow the procedures below:

Child Maintenance

If you don't agree with a decision made by the Child Maintenance Service of the Department for Social Development you can contact them.

Housing Benefit

Housing Benefit is dealt with by the Northern Ireland Housing Executive (NIHE) if you are a tenant and by the Land and Property Services (LPS) if you are a homeowner. If you think that a decision about Housing Benefit is wrong, your NIHE district office or your local LPS office (whichever is appropriate) can tell you what to do.

Benefits for people with disabilities and their carers

If you have any queries about Disability Living Allowance, Attendance Allowance or Carer's Allowance, contact the Disability and Carers Service.

If you're not satisfied with the results, you may be able to appeal by using the SSA form 'If you think our decision is wrong'.

Tax credits

HM Revenue and Customs (HMRC) makes decisions about tax credits.

You can download the appeal form online, below, or you can call the Tax credits helpline. If you live in Northern Ireland call 0845 603 2000, textphone 0845 607 6078. Lines are open every day from 8.00 am to 8.00 pm.

Child Benefit and Guardians' Allowance

These benefits are also handled by HMRC, appeal forms are available online or by phoning the helpline. If you live in Northern Ireland call 0845 603 2000, textphone 0845 607 6078. Lines are open 8.00 am to 8.00 pm Monday to Friday.

The Appeals Service

The Appeals Service provides administrative support to the independent tribunals set up by legislation to hear appeals against decisions made by the decision makers in the:

Who hears the appeal?

Appeals are heard by a tribunal. There are two kinds of tribunal hearing. You will be asked to notify The Appeals Service which kind of hearing you want:

  • oral hearing - where you and/or your representative can attend to discuss your appeal
  • paper hearing - where you or your representative do not attend the hearing and the case is decided on the written evidence only
  • Appealing against a benefits decision

Advice and help with your appeal

Some organisations offer help and advice (some for free) with your appeal such as:

  • local advice centres
  • local welfare rights' groups
  • trade unions
  • law centres
  • solicitors
  • charities

Some will help you fill in forms and may accompany you to the hearing. Or you could ask an adviser, friend or family member to appeal on your behalf.

Financial help

You may be able to claim some expenses. There is more detailed information on the Appeals Procedure page on nidirect.

If you lose the appeal

Your decision letter from the appeal tribunal will tell you what to do if you are dissatisfied with the decision.

You will have one month from the date of issue of the decision within which to request a statement of reasons for the tribunal decision.

You should read the statement of reasons carefully. If you still do not agree with the reasons for the decision, you can apply to the tribunal for permission to appeal to the Commissioners.

You can only appeal to the Commissioners on a point of law. You cannot appeal to the Commissioners about questions of facts or a tribunal’s medical findings or conclusions.

Find out more about appealing to the Commissioners from the Social Security Agency.

More useful links

Do it online