If after having asked for a mandatory reconsideration or re-determination you are still unhappy at a decision on your claim, you can appeal to an independent appeal tribunal.
- For some people, appealing a decision can be a daunting process however it is important that people are not put off from exercising their right of appeal.
- Many people receive a successful outcome having taken their case to an appeal hearing.
- Find out how to appeal by following our step-by-step guide:
How to appeal - DWP benefits and Tax Credits
If you have your mandatory reconsideration and are appealing a DWP decision you can now quickly and easily submit your appeal online.
If you are unable to submit your DWP appeal online or if you are appealing a Tax Credits decision follow our step-by-step guide.
| Steps | |
|---|---|
| Step 1 | Make sure you have your mandatory reconsideration notice. This is the letter sent to you by the DWP explaining that they have looked at the decision on your claim again. |
| Step 2 | Complete and print Appeal Form SSCS1 (PDF) [433KB] . If you are appealing a Tax Credit or Child Benefit decision you will need to complete and print Tax Credit Appeal Form SSCS5 (PDF) [150KB] . If you do not have a printer then you can phone the office that made the decision on your claim and get them to send one out to you. |
| Step 3 | If you wish to be represented by Perth & Kinross Council's Welfare Rights Team, please:
|
| Step 4 | Provide grounds (reasons) for your appeal at Part 6 of the form. |
| Step 5 | Choose the type of hearing you want at Section 6. Please tick the box to state that you want to attend a hearing. This means meeting the Tribunal panel so that you and your representative, if you have one, can state your case in person. The advantage of attending a hearing is that the Tribunal has an opportunity to learn more about your case than it could gather from the appeal papers alone. Statistically, more appeals are successful with a hearing than those being decided on the papers alone. |
| Step 6 | Post your form to HM Courts & Tribunal Service, SSCS5 Appeals Centre, PO Box 27080, GLASGOW. G2 9HQ. You need to make sure that the form is received within one calendar month of date of the decision you are appealing against. If your appeal is being made out with this time limit, you will need to give your reasons at Section 5. Please remember to include a copy of your mandatory reconsideration notice. |
| Step 7 | Your appeal should now be lodged. The office which made the decision on your claim has 28 days to respond by sending out a set of appeal papers giving their reasons for their decision. |
| Step 8 | Attend your appeal hearing. Unless you have asked for the appeal to be heard on the papers. |
| Step 9 | The decision. You will either get a decision in the day of the hearing or it may be posted out to you. If your appeal hearing was unsuccessful, you may wish to seek advice about challenging the decision further. |
How to appeal - Social Security Scotland benefits
If you feel that Social Security Scotland has made a mistake when deciding whether you are entitled to a benefit you can make an appeal. This includes a decision on whether you are eligible for a grant or on the amount of benefit paid.
An appeal can be made after you receive notice of the re-determination by Social Security Scotland or after being notified by Social Security Scotland that they have failed to re-determine the benefit in time.
You can let Social Security Scotland know that you wish to appeal by:
- Filling in the appeal form which came with your re-determination decision letter, or by
- Calling 0800 182 2222, to complete the form over the phone.
Please also contact us if you would like our representation.
You must appeal within 31 days from the date of your re-determination letter.
If you choose to appeal the decision after 31 days you will require permission from the First-tier Tribunal for Scotland. Your appeal must be brought within one year of you receiving Social Security Scotland's decision.
View our video and see what it is like when you go to an appeal
Contact the Welfare Rights Team
You can refer yourself (or someone else) to the Welfare Rights Team using our Online Form if you need advice or assistance.
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