Preparing for your appeal hearing

The papers sent to you set out the case you have appealed against as the relevant Benefit Office sees it, and includes the documentary evidence they are relying on in support of their decision.

What you must do

Please study these papers carefully. You may disagree with the facts or you may disagree with the Benefit Office’s understanding of the law. The job of the Tribunal is, of course, to establish what are the correct facts and how the law should be correctly applied.

You will want to consider what evidence you need to support your case, since most appeals involve some dispute over the facts.

First and foremost, there is what you yourself can tell the Tribunal. Sometimes it is easy to overlook that what you say to the Tribunal is classed as “evidence”.

Secondly, there is what others can tell the Tribunal. You could, for example, take along to the hearing one or more witnesses. Suppose your appeal concerns problems you have in looking after yourself because you are disabled: you may wish to bring along your carer to tell the Tribunal about the kinds of help you need.

Thirdly, there is evidence in the form of a document. Suppose your appeal concerns the amount of savings you have: you may wish to produce bank statements covering the period in question.

Documents in support of your case

If you do have documents you want to use in support of your case, please send them to the Appeals Service (TAS) as early as possible. Do not wait until the hearing. Producing key documents at the last moment may result in the Tribunal adjourning the hearing, so that the Tribunal and the other party in the appeal can have a fair opportunity to consider that late evidence.

Please remember that it is your responsibility to obtain any evidence you feel relevant to your appeal. You cannot assume that the Tribunal will obtain that evidence for you.

Medical records

If you are appealing against Attendance Allowance, Disability Living Allowance, Industrial Injuries Benefit or Severe Disablement Allowance and have consented to release medical records to the Tribunal the Appeals Service (TAS) will request these on your behalf. You should check with your Hospital / GP in advance of the hearing to ensure they have sent them to TAS. If not, you may have to make alternative arrangements to ensure these are available on the day of the hearing.

The law relating to appeals

The legislation governing appeals is:

The Social Security (Northern Ireland) Order 1998
The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 as amended
The Social Security (Recovery of Benefits) (Northern Ireland) Order 1977
Child Support, Pensions and Social Security Act (Northern Ireland) 2000
The Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001

If you want to look up the law on social security, further information is available from the Northern Ireland Digest Of Case Law at the website: