DWP - Department for Work and Pensions

NI260 - A guide to Revision, Supersession and Appeal
April 2006

Terminology

Claimant The person claiming or applying for benefit.
Decision Makers The people who make the decisions about claims and applications for social security benefits on behalf of the Secretary of State.
Dependant A child, young person or adult who depends on you to support them.
Dispute The means by which a decision may be revised.
Expert witness A person who has expertise in the area of your appeal who might be asked to help the tribunal members with your appeal.
Reconsideration The process of looking at a decision again with a view to revising it. (This is not a statutory term.)
Revision The means by which a decision can be changed from its original date following either a dispute from the claimant or where the Decision Maker acts on his own initiative.
Set aside decision A tribunal or Commissioner’s decision which is cancelled. In most cases the appeal will be reheard.
Struck out appeals Appeals that are turned down before going to a full hearing.
Supersession The means by which a decision can be changed from a date after the original date either on application by the claimant or where the Decision Maker acts on his own initiative.

About this guide

This guide is intended for professional and voluntary advisers and for members of the public who want to know more about the revision, supersession and appeal systems for social security benefits. For information about Council Tax Benefit and Housing Benefit.

It is only a guide to revision, supersession and appeal, and does not have any status in law. It does not cover all aspects of disputes and appeals for every situation, nor does it provide a full interpretation of the rules. It should not be treated as a complete and authoritative statement of the law.

In this guide there are references to the relevant Acts and Regulations, to enable you to consult the legal wording of the rules. For information about the key to the abbreviations.

The information contained in this guide is primarily concerned with the law in England, Scotland and Wales.

Throughout this guide when we refer to you we mean you, the claimant.

top of page

Other sources of information

This guide does not deal with Child Support decision making. See Leaflet CSA2006 Child Support Maintenance – A guide to reviews and appeals.

This guide does not deal with Working Tax Credit, Child Tax Credit, Child Benefit or Guardian’s Allowance decisions. To find out more, visit the HM Revenue & Customs website at www.hmrc.gov.uk – you can claim online too.

A free confidential telephone service is available for people with disabilities and their carers. Ring the Benefit Enquiry Line (BEL) on 0800 88 22 00; textphone 0800 24 33 35.

The Department for Work and Pensions is committed to the principles of the Code of Practice on Access to Government Information.

top of page

How to use this guide

Part 1 explains:

Benefits not covered

The following benefits and pensions are not covered by the procedures described in Parts 1–4 of this guide:

If you are not satisfied with a decision concerning any of these benefits, go to Part 5 for further information.

Housing Benefit (HB) and Council Tax Benefit (CTB)

From 2 July 2001, decisions on Housing Benefit (HB) and Council Tax Benefit (CTB) became subject to similar rules to those described in this guide. This means that, whilst this guide does not specifically refer to HB/CTB and should not be read as a definitive guide to those benefits, you can refer to it as a general guide as to what to do if you wish to challenge a decision made on your HB or CTB claim or application. But if you have any queries you should contact your local council.


Decisions on other benefits and pensions

top of page

Decisions about a Budgeting Loan, Crisis Loan or Community Care Grant

If you are unhappy about a decision about one of the following benefits or pensions, follow the special procedures for having the decision reviewed which are described below:

If you are unhappy with a decision about your application for a Budgeting Loan, Crisis Loan or Community Care Grant, ask for a review of the decision from the social security office which dealt with your Social Fund application. Full details for reviewing a Social Fund decision are given in Leaflet SB16 A guide to the Social Fund (which you can get from your local Jobcentre Plus or social security office). Applications for review must be made in writing within 28 days of the decision.

top of page

Decisions about War Disablement Pension or a War Widow’s Pension

You can appeal to the independent Pensions Appeal Tribunal:

If you disagree with the decision of the Tribunal you can appeal, on a point of law only, to the Pensions Appeals Commissioners. You will be given details about how to do this with your Tribunal decision.

For further information see WPA Leaflet 2 Notes for people getting a war pension living in the United Kingdom which you can get from your social security office, Jobcentre Plus office or War Pensioners’ Welfare office.

top of page

Decisions about Vaccine Damage Payment

If you disagree with the decision made on your claim for a Vaccine Damage Payment, you can ask for the decision to be reversed or you can appeal. You should write to The Vaccine Damage Unit whose address is given here.


Applying for a decision to be revised

top of page

General

The revision process applies to all benefit decisions. It does not apply to discretionary Social Fund Payments, such as Budgeting Loans, Crisis Loans and Community Care Grants, which have their own review process.


Revision

Revision is the means by which a decision can be changed from its original date [SS Act 1998 9](or an earlier or later date if that date itself was wrong) [SSCS(D&A) Regs 1999 3 & 5]. In general the Decision Maker will only do this if your application to have a decision revised is made within one month of the date of notification of the decision. (There are exceptions, which are explained below). If your application is made later than this, and is not covered by one of the exceptions, it will be treated as an application for supersession and any new decision will be made (whether or not the original decision is wrong) only from the date you applied to have the decision revised (see the section on supersession).

To apply for a decision to be revised, you can either write to the office which is indicated on the decision notice or you can make a verbal application. Importantly, you do not have to show ‘grounds’ before the decision can be changed. All you have to do is say why you think the decision is wrong. Of course, it will be helpful if you provide as much detail as possible about your reasons for disagreeing with the decision.

top of page

What happens after you apply

If you apply in writing

If it is clear that the decision is wrong, the Decision Maker will change it. You will be sent a new decision with new dispute and appeal rights.If it is not clear that the decision is wrong, and you can be contacted by phone, you may be rung up and offered a verbal explanation of why the decision was made. If you accept the offer of a verbal explanation, and after hearing the explanation you decide that you no longer want the decision to be looked at again, you will be asked to formally withdraw your application in writing within five days. If you do not do this the decision will be reconsidered; you will be notified of the outcome.

If you do not wish to have a verbal explanation of the decision and would prefer a written explanation then as long as one has not already been provided in the decision notification, this will be provided. If you are not satisfied by either the verbal or written explanation, the Decision Maker will look at your decision again to see if it can be revised.

It is of course for you to decide how you want to proceed with your application, but it will probably be useful if you do accept the offer of a verbal explanation of the decision. It will not affect your rights and you will be in a better position to decide whether to continue and challenge the decision.

If you cannot be contacted by phone, a decision will be reconsidered on the basis of your application.

Please note that you may be asked to provide more information to support your application. If this happens, you will generally have one month to reply. If you do not reply within the time limit, the application is likely to be reconsidered on the basis of the original application.

If you make a verbal application

If it is clear that the decision is wrong, the Decision Maker will change it. You will be sent a new decision with new dispute and appeal rights.

If it is not clear that the decision is wrong, you may be offered a verbal explanation of why the decision was made. If after hearing the explanation, you decide that you no longer want the decision to be looked at again, that will be the end of the matter.

If you do not wish to receive a verbal explanation and would prefer a written explanation, then as long as one has not already been provided in the decision notification, this will be provided. If you are not satisfied by the verbal explanation or the written explanation, you should confirm that you want the decision to be reconsidered. It is of course for you to decide how you want to proceed with your application, but it will probably be useful if you do accept the offer of a verbal explanation of the decision. It will not affect your rights and you will be in a better position to decide whether to continue and challenge the decision.

Please note that you may be asked to provide more information to support your application. If this happens, you will generally have one month to reply. If you do not reply within the time limit, the application is likely to be decided on the basis of the original application.

top of page

Revision outside of the one month time limit

Revision outside of the one month time limit

There are several exceptions to the one month rule for revision.

  1. Seeking a written statement of the reasons for the decision [SSCS (D&A) Regs 1999 3(1)(ii) and (iii) & Reg 28]

    If the decision notification has not given you a detailed written explanation of why a decision has been made, you can get this by contacting the office that sent you the decision. You must get in touch with that office within one month of receiving the decision notice. If you do this and the explanation is sent before the end of the one month dispute period, this period will be extended by 14 days. If the explanation is sent after the one month period has ended, you will be given an extra 14 days from the date that it is sent so the period for applying for a revision is then extended by 14 days.

  2. Late application [SSCS (D&A) Regs 1999 4]

    The time limit can be extended up to a maximum of 13 months where there are special circumstances for the delay in making an application. All the following conditions must be satisfied for a late application to be accepted:

    • it is reasonable to grant the application
    • the application has merit
    • special circumstances apply

    Examples of special circumstances are as follows (this is not a full list): the applicant or their spouse or a dependant of the applicant has died or suffered serious illness; the applicant is not resident in the UK; normal postal services were adversely affected.

    Please note that the later you make the application the more compelling the special circumstances for lateness must be. When deciding whether it is reasonable to grant the application, the Decision Maker will take no account of:

    • ignorance or misunderstanding of the law or time limits
    • the fact that a Commissioner or court has taken a different view of the law from that which was previously understood and applied.

  3. Official error cases [SSCS (D&A) Regs 1999 3(5)]

    If a decision can be shown to be wrong because of official error the Decision Maker can revise the decision at any time. By official error we mean an error made by an officer of the Department for Work and Pensions or HM Revenue & Customs which no person outside of either Department caused or contributed to.

  4. Overpayment cases [SSCS (D&A) Regs 1999 3(5) 

    If a decision was made in ignorance of some material fact, or was based on a mistake about some material fact, and as a result the decision was more advantageous to you than it would otherwise have been, the Decision Maker can revise the decision at any time.

  5. Jobseeker’s Allowance (JSA) sanction cases [SSCS (D&A) Regs 1999 3(6)]

    A decision to impose a sanction on the payment of Jobseeker’s Allowance (JSA) can be revised by the Decision Maker at any time.

  6. Late payment of a qualifying benefit [SSCS (D&A) Regs 1999 3(7)]

    If you are in receipt of a benefit (the linked benefit) and either you or a member of your family become entitled to another benefit (the qualifying benefit), which is backdated to the first day you became entitled to the linked benefit, the linked benefit can be revised at any time.

  7. Non-appealable decisions  [SSCS (D&A) Regs 1999 3(8)]

    A decision which does not carry the right of appeal can be revised at any time.

  8. An appealed decision [SSCS (D&A) Regs 1999 3(4A)]

    A decision which has been appealed can be revised at any time before the appeal is decided by an appeal tribunal.

  9. A post-appeal decision [SSCS (D&A) Regs 1999 3(5A)]

    Where a decision is appealed (decision A) and a second decision is made (decision B) before the tribunal make their decision (decision C), decision B can be revised to take account of decision C.

  10. Reduced Earnings Allowance (REA) [SSCS (D&A) Regs 1999 3(7A)]

    Where a decision on disablement benefit is revised or changed on appeal, any linked REA decision may be revised at any time

top of page

What the Decision Maker can do where you have made an application for revision

  1. The Decision Maker can change the decision to award more or less benefit. You will be given a new decision with new dispute and appeal rights.
  2. The Decision Maker can confirm the existing decision, that is, not change it. You will be sent a notification explaining this. If appropriate, this will also explain that you can appeal against the original decision. If you can appeal you will be given one month from the date of this notification.
  3. If it is a late application which has not been accepted but the disputed decision is wrong, the Decision Maker will consider whether the decision can be revised under one of the other grounds, ie items III to X above. Otherwise the Decision Maker will supersede that decision but the new decision will only be effective from the date of the application to dispute the original decision. You will be given a new decision with new dispute and appeal rights. You may still be able to make a late appeal against the original decision. [SSCS (D&A) Regs 1999 6(5)]

Supersession

Supersession applies to all benefits (except for Social Fund payments) in two circumstances: [SS Act 1998 10, SSCS (D&A) Regs 1999 6]

An application can be made in writing, by phone or in person.

top of page

Supersession following a reasoned application

If you apply to have a decision changed after one month, and none of the above exceptions (which apply to revision) applies to you, the decision can only be superseded. [SSCS (D&A) Regs 1999 6]

The key difference between supersession and revision is that:

A Decision Maker may supersede a decision in the following circumstances (but see also other circumstances where supersession may occur):

Please note that you may be asked to provide more information to support your application. If this happens, you will generally have one month to reply. If you do not reply within the time limit, the application is likely to be decided on the basis of the original application.

top of page

What the Decision Maker can do following an application for supersession

  1. The Decision Maker can change the decision to award more or less benefit. For the effective date of any change see below.
  2. The Decision Maker can make a decision not to supersede. He will do this where it is decided that, while the application either changes the basis of the decision or has the potential to change the decision, it does not actually change the rate of benefit in payment. This will still be a new decision with dispute and appeal rights.
  3. In exceptional circumstances, where it is decided that the application would not, in any way, affect the decision, the Decision Maker can decide to take no further action. That will be the end of the matter – you will not be given further dispute or appeal rights.

Effective date of payment for supersession following a reasoned application - not change of circumstances

The general rule is that a superseded decision takes effect from the date of application for supersession or, where the Decision Maker initiates the supersession, from the date of their decision. There is no backdating. [SS Act 1998 10(5)]

For example:

1 May 2000 Outcome decision made
1 September 2000 Decision disputed

The Decision Maker agrees that the decision made on 1 May was made because of error of fact, but because there are no reasons for accepting the application as a late application for revision, the decision can only be superseded. The decision is superseded from the date of the application, that is 1 September.

Exceptions to the rule about effective date of payment for supersession following a grounded application

[SSCS (D&A) Regs 1999 7]

The general rule described in the previous section may not apply in the following cases:

top of page

Supersession – change of circumstances

[SSCS (D&A) Regs 1999 6(2)]

Any decision (including a revised decision), except a decision refusing benefit, made by a Decision Maker can be superseded for a relevant change of circumstances or where such a change is expected. The change can be instigated by the claimant or the Decision Maker.

A decision can be changed at any time where there is a relevant change of circumstances. Even where the change occurs within one month of the decision that decision would be superseded, not revised.

You can notify a change of circumstances in writing, by telephone or in person. In writing includes fax and e-mail. A change should be notified to the office whose address is indicated on the last decision notification you received. If you have any doubts you should get in touch with your local office before notifying the change.

Please note that the following are not relevant changes of circumstances: repayment of a student loan and, in certain cases, absence from a nursing or residential home for a period of less than a week.

Effective date of payment for supersession following a change of circumstances

[SSCS (D&A) Regs 1999 7(2)]

There are important rules about the date of payment which you should note, otherwise you may lose benefit.

Decision advantageous

Where:

Decision not advantageous

Where the change results in less benefit being due, the decision is effective from the date of change (subject to benefit week payment rules). The rules for disability benefits are slightly different. If you could not reasonably have been expected to know about the change, then the new decision will be effective from the date the change was reported.

Other circumstances where supersession may occur

Late notification

[SSCS (D&A) Regs 1999 8]

The time limit can be extended up to a maximum of 13 months where there are special circumstances for the delay in notifying the change. All the following conditions must be satisfied for a late notification to be accepted:

Please note that the later you notify the change, the more compelling the special circumstances for lateness must be. And also, that when deciding whether it is reasonable to grant the application, the Decision Maker will take no account of:

The Decision Maker makes the change

[SSCS (D&A) Regs 19996(2)(b)(ii) & 7(2)(bb)]

When the Decision Maker starts action leading to a supersession, the change to benefit will be from the date they started this action. It does not matter when the superseding decision is actually made.

Certain Attendance Allowance (AA) or Disability Living Allowance (DLA) changes

[SSCS (D&A) Regs 1999 7(9)]

If you are applying for a higher rate DLA and AA component, or another DLA and AA component, benefit can be paid from the date you first satisfy the 3- or 6-month qualifying period, as long as you notify the change of circumstances within one month of first completing the qualifying period.

Jobseeker’s Allowance

[SSCS (D&A) Regs 1999 6(2)(f) &7(8)]

If the Decision Maker imposes a sanction on your payment of Jobseeker’s Allowance, the decision shall take effect from the first day of the week following the date on which it is determined that a sanction is to be applied, or the first day of the period of the sanction, as appropriate.

Failure to attend a Work Focused Interview

[SSCS (D&A) Regs 1999 6(2)(h) &7(2)]

If you have been held not to have attended a Work Focused Interview and you have either reached the age of 60 or you no longer live in an area subject to Work Focused Interviews, the decision shall take effect from the date of the normal rules concerning an advantageous change of circumstances.

Fraud or breach of Community Order

[SSCS(D&A) Regs 1999 6(i)(j)(k) & 7(27) and (28)]

If a Decision Maker reduces or stops benefit because you have been convicted of certain fraud offences or breached a community order, the decision shall take effect from the first day of the disqualification period as set out in the Social Security (Loss of Benefit) Regulations 2001 or the beginning of the period specified in the Social Security (Breach of Community Order) Regulations 2001, as appropriate.

Pension Credit and the Assessed Income Period

[SSCS (D&A) Regs 1999 6(l) & 7(29)]

There are special rules for Pension Credit. If the Assessed Income Period has ended or is about to end, the superseding decision shall take effect from the day following the day on which the Assessed Income Period ended or is due to end if that is the first day of your benefit week, but if not, the next such day.

The Personal Capability Assessment

[SSCS (D&A) Regs 1999 6(2)(g) & SA Act 1998 10(5)]

Where, having already passed the PCA, you have failed to satisfy the Decision Maker that you are still incapable of work, the effective date will be the date the Decision Maker makes that decision.

A change in the legislation

[SSCS (D&A) Regs 1999 6(2)(a)(i) & 7(30)]

Where there has been a change in the legislation, the relevant change of circumstances takes effect from the date the new legislation had effect.

Superseding a tribunal’s or Commissioner’s decision

[SSCS (D&A) Regs 1999 6(2)(c)]

Decisions of tribunals and Commissioners can be superseded in either of the following situations:

If the decision to be superseded is more advantageous to you than it would otherwise have been if the tribunal or Commissioner had known all the facts, payment of benefit will be changed from the same date that the tribunal’s decision or Commissioner’s decision took effect. In any other case, the payment would increase from the date of the application or the date the new decision is made. [SS Act 1998 10(5) SSCS Act (D&A) Regs 1999 7(5)]

Supersession – test cases

Where a Social Security Commissioner or a court reinterprets the law in a different case so that the decision that has been made in your case is wrong in law, you can ask for that decision to be superseded. [SS Act 1998 27]

However, payment of any arrears due will usually only be paid back to the date of the Commissioner’s decision or the court’s decision.

Correction of accidental errors

An accidental error in a decision, for example a slip of the pen, can be corrected at any time. You will be given a written notice of the correction. Where this occurs the one month period for disputing or appealing the decision shall start again. [SSCs (D&A) Regs 1999 35]


The appeals process

top of page

About the Tribunals Service

The Appeals Service consists of 2 elements:

Tribunal members

Tribunal members will be drawn from a panel of people who have the qualifications and expertise necessary to deal with all the issues raised in an appeal. The tribunal may include members with expertise in law, medicine, finance, and the needs of disabled people depending on the nature of your appeal. All appeals include a legally qualified panel member. [SS Act 1998 6(3) SSCS (D&A) Regs 1999 35]

The clerk to the tribunal

You will receive correspondence about the administration of the appeal from the clerk to the tribunal. The clerk arranges all hearings and issues correspondence on behalf of the tribunal. [SS Act 1998 Sched 1, paras 11 & 12]

If you receive an instruction from the clerk to provide information about your appeal or appeal hearing, you must comply. If you do not your appeal may be struck out. See ‘ Decisions to strike out appeals’ for further information.


Making an appeal

top of page

Who can appeal?

You can ask a representative to act on your behalf in making the appeal. If you want to do this, you must give them written authority. [SSCS (D&A) Regs 1999 33(1)(a)(ii)]

If an unauthorised person makes an appeal, or if the representative does not have written authority from you, the appeal may be treated as not duly made. This means that the appeal may not be accepted.

top of page

Decisions

The decision letter will explain whether or not you can appeal against the decision. Generally speaking you will be able to appeal against the outcome of the benefit decision, how much you are entitled to and over what period. Your decision letter will give you advice on this. [SS Act 1998 12 and Sched 2 & 3] [SSCS (D&A) Regs 1999 2]

If your appeal is about a decision that has no right of appeal, your appeal may be struck out. See ‘ Decisions to strike out appeals’ for further information.

top of page

How to appeal

Before appealing, you should consider asking the Decision Maker to look again at their decision. This may result in the decision being changed more quickly than if you make an appeal straightaway – and it does not affect your appeal rights. That said, all appeals will be checked first to ensure that the decision has been reconsidered by the Department for Work and Pensions. See ‘Applying for a decision to be revised’.

If you decide to appeal:

Your appeal must reach the office within one month of the date the decision letter was given or sent to you. If you have asked for a written statement of the reasons for the decision and you receive it within one month of the decision, the one month allowed for appealing will be extended by 14 days. If you receive the written statement outside the one month, you will be given an extra 14 days from the date of the explanation. See ‘Seeking a written statement of reasons ’.

Providing all the information needed

Letters of appeal can be accepted, but only if they contain all the information needed to deal with your appeal. [SSCS (D&A) Regs 1999 33]

An appeal will only be accepted if the form or letter:

The GL24 appeal form or appeal letter will be returned to you if it is not properly signed, or if it does not contain all the information needed to deal with the appeal. You will be asked to sign the appeal, or provide the missing information, or both. You must do this within 14 days of the date when the letter asking you for additional information was given to you or sent to you. If you live abroad and postal services are not reliable, you may be given a longer period to return the information. The letter you receive will tell you how long you have to return the information.

If you do not provide the additional information within the time allowed, a legally qualified panel member may decide not to accept your appeal. In these cases, there is no further right of appeal against a decision not to accept your appeal. If you later provide all the information, your appeal may be accepted, but it will be subject to the late appeal rules. See ‘ Time limits for late appeals’.

top of page

Time limits for appeals

Your appeal must be received within one month of the date the decision was given to you or sent to you. [SSCS (D&A) Regs 1999 31] If you have asked the Decision Maker to reconsider the decision, the one month begins from the date the revised or superseded decision notice is given to you or sent to you.

If you have asked for a written statement of the reasons for the decision and you receive it within one month of the decision, the one month allowed for appealing will be extended by 14 days. If you receive the written statement outside the one month, you will be given an extra 14 days from the date of the explanation. See ‘Seeking a written statement of reasons'.

top of page

Time limits for late appeals

If your appeal is made after the time limit for appealing, you will need to explain in detail why the appeal is late. This is because late appeals can only be accepted in certain circumstances. Your appeal will also need to contain all the information covered in the section ‘How to appeal’. [SSCS (D&A) Regs 1999 32]

Please note: There is an absolute time limit for making an appeal. This is one year after the end of the time limit for appealing. If your appeal is made outside this absolute time limit it will be struck out.

A late appeal can only be accepted if from your application it is clear that:

It is only in the interest of justice for the application to be granted if special circumstances existed which prevented you from making the appeal on time. Special circumstances are:

Late appeals can be accepted by the Decision Maker or a legally qualified panel member. If the Decision Maker allows the late appeal he must be satisfied that it is in the interest of justice to grant the application. If the Decision Maker is not satisfied of this, a legally qualified panel member can grant the late appeal if they are satisfied that the appeal has a reasonable prospect of success or that it is in the interests of justice to grant the application. Both will look at how late the appeal is, and will need to be satisfied that the special circumstances fully justify the length of delay.

Please note: If your only reason is that there has been a reinterpretation of the law since the decision was made, or that you were ignorant of the law including the law on time limits, the application will not be accepted.

You will receive a copy of the legally qualified panel member’s decision in writing shortly after your application has been considered.

If your late application is accepted, your appeal will be returned to the Department for Work and Pensions for a full submission.

If the late application is not accepted your appeal will end. You cannot appeal a decision not to accept a late appeal. The only available remedy is judicial review. You should consider consulting a welfare rights adviser before pursuing this remedy.

top of page

Decisions

The decision letter will explain whether or not you can appeal against the decision. Generally speaking you will be able to appeal against the outcome of the benefit decision, how much you are entitled to and over what period. Your decision letter will give you advice on this. [SS Act 1998 12 and Sched 2 & 3] [SSCS (D&A) Regs 1999 2]

If your appeal is about a decision that has no right of appeal, your appeal may be struck out. See ‘ Decisions to strike out appeals’ for further information.


What happens when your appeal is received

top of page

Action by the Decision Maker

The Decision Maker will first see if the decision can be changed by revising it in your favour. If the decision is revised in your favour, the appeal will stop. This is called a lapsed appeal. If the decision cannot be changed by revising it, the appeal will proceed. If the decision is revised but not in your favour, you will be given the opportunity to make representations against this new decision. If nothing changes, your appeal will continue but against this new decision. [SSCS (D&A) Regs 1999 30(1)]

top of page

Withdrawing your appeal at the revision stage

If you are happy with the Decision Maker’s explanation, and do not wish to continue with your appeal, you can withdraw it. Send your letter withdrawing the appeal to the Decision Maker.

top of page

Appeal submissions

Appeals that are not lapsed or withdrawn will be sent to the Tribunals Service for a decision. Before they are sent, the Decision Maker will prepare an appeal submission. This explains the reasons for the decision under appeal. It will explain the law that relates to the decision and will include any additional evidence used in making the decision such as your wage slips or bank account details.

The appeal submission will be used by the tribunal deciding your appeal.

A copy of the submission will be sent to you and your representative if you have one. If you want the submission to go to your representative, tell the agency when you make your appeal. You can get more infomation about this in leaflet GL24 If you think our decision is wrong.

top of page

Pre-hearing enquiry form

You will also receive a pre-hearing enquiry form with the submission. This asks important questions about your appeal. The form asks you questions about how you want your appeal to be looked at. You must choose between an oral hearing and a paper hearing and send the form to the Tribunals Service in the envelope provided. If you fail to do this on time your appeal may be struck out and will not continue. (See the difference between an oral and paper hearing.) [SSCS (D&A) Regs 1999 39]

top of page

Decisions to strike out appeals

Some appeals can be struck out without going to a full hearing. [SSCS (D&A) Regs 1999 46] This can happen for any of the following reasons:

The Appeals Service will tell you if your appeal is struck out. See below for details about what to do if you disagree with this decision.

top of page

Reinstatement of struck out appeals

If you think your appeal should not have been struck out, you may apply for it to be reinstated. An appeal can only be reinstated where: [SSCS (D&A) Regs 1999 47]

If you think any of these conditions applies in your case, you must write to the tribunal clerk within one month of the date the strike out notice was given to you or sent to you. You must state clearly why you think your appeal should not have been struck out. There is no right of appeal against a determination by a legally qualified panel member not to reinstate an appeal that has been struck out.


At the hearing

top of page

Oral and paper hearings

The pre-hearing enquiry form will ask you if you want an oral or a paper hearing and you must say which one you want. Failure to respond within 14 days may mean that our appeal is struck out. [SSCS (D&A) Regs 1999 39]. Please see ‘Reinstatement of struck out appeals’ above.

A paper hearing is a hearing where the appeal is decided on the basis of the submission and any written comments or additional information you have provided.

An oral hearing is a hearing where you and your representative, if you have one, attend the hearing. Even if you have not asked for one, a legally qualified panel member can decide to hold an oral hearing. You will be given notice of this decision and will be invited to attend.

top of page

Arranging the date for an oral hearing

The pre-hearing enquiry form will ask you (and your representative if you have one) to provide dates when you will not be available to attend an oral hearing. The clerk will take account of this when arranging your appeal.

At least 14 days before the hearing, you will be sent a written notice of the date, time and place. If you said on the pre-hearing enquiry form that you do not want the 14 days’ notice, your appeal may be heard earlier if there is a last minute slot in the appeals listings.

If you find that you are not able to make the date for the hearing, you can ask for the hearing to be postponed. The clerk may agree to postpone the hearing, in exceptional cases. You should write to the clerk to the tribunal as soon as possible explaining in detail why you need the hearing to be postponed. [SSCS (D&A) Regs 1999 51]

If your request to postpone the hearing is not granted, you will be told and the hearing will go ahead without you. Your request and the letter refusing the postponement will be made available to the tribunal deciding your appeal. If you asked for the postponement because, for example, you are still gathering more evidence, you may want to attend the hearing to ask for an adjournment. [SSCS (D&A) Regs 1999 51(2)]

The Tribunals Service may need to cancel the hearing. If this happens, the clerk will write to you and will arrange another date. [SSCS (D&A) Regs 1999 51(3) and (4)]

If you do not attend the hearing as planned, the tribunal may decide to hear the appeal without you.

The tribunal

Your appeal will be heard by a tribunal composed of three, two or one panel members who have the necessary expertise to decide your appeal. [SSCS (D&A) Regs 1999 36]

The composition and expertise of the tribunal hearing your case will depend on the issues raised in your appeal.

A three person tribunal of: will hear appeals about:

a legally qualified panel member

Attendance Allowance (AA)

a medically qualified panel member

Disability Living Allowance (DLA)

a panel member with experience of disability

Working Tax Credit (disability element)
A two person tribunal of: will hear appeals about:

a legally qualified panel member

Personal Capability Assessment

a medically qualified panel member

Industrial Injuries Disablement Benefit (IIDB)
 

Severe Disablement Allowance (SDA)
 

Vaccine Damage Payments
  Child Tax Credit (where the question relates to whether a child satisfies the disabled criteria.)

A second medically qualified panel member may be appointed in addition to the two panel members to hear complex IIDB, SDA or Vaccine Damage Payment appeals.

A two person tribunal of: will hear appeals about:

a legally qualified panel member

which raise difficult financial issues, such as complex profit and loss accounts, income and revenue accounts and accounts of trusts funds

a medically qualified panel member

  
A one person tribunal of: will hear appeals about:

a legally qualified panel member

all other appeals

For the purposes of this leaflet, a legally qualified panel member is referred to as a tribunal chairman.

What happens during the hearing

The tribunal chairman will introduce everyone and outline what will happen. Everyone will be given the opportunity to put relevant information and evidence to the tribunal who will ask relevant questions.

The chairman may ask anyone giving evidence to give evidence on oath or affirmation. [SSCS (D&A) Regs 1999 43(5)]

The presenting officer

A presenting officer may attend the hearing. Their role is to help the tribunal to assess accurately the facts, relevant law and decisions of the Commissioner. They act as ‘a friend of the Court’ (this is sometimes called an ‘amicus curiae’). The presenting officer is unlikely to be the person who made the original decision.

Representation and witnesses

You can be represented at the hearing by any person you feel can best put forward your views. That person does not need to have legal qualifications. If you feel you need support, you may bring someone with you. If you need the help of a signer or an interpreter, you should complete the section on the pre-hearing enquiry form. The Tribunals Service will arrange for an independent professional to assist you. [SSCS (D&A) Regs 1999 49(8)]

Even if you are being represented at the hearing, you should still consider attending. If you attend an oral hearing you will have the advantage of being able to deal with any questions or issues which may arise. [SSCS (D&A) Regs 1999 49(11) & 43]

You or your representative can call and question witnesses, but you do not have the right to insist that a witness attends. Only the chairman of the tribunal can summons a witness. If you think someone can give evidence to help the tribunal make its decision, write to the clerk to the tribunal. You should provide information about the witness and details of why you think their evidence would be helpful.

Expert witnesses

The tribunal members will have the necessary expertise to decide your appeal. If your appeal raises a question of special difficulty, the tribunal chairman may request the help of an expert witness. This will be someone drawn from the panel of tribunal members. [SS Act 1998 7(4) SSCS (D&A) Regs 1999 52]

Other people at the hearing

Appeal hearings are open to the public, but the chairman may decide to hold the hearing in private, for example, for the protection of your private or family life. [SSCS (D&A) Regs 1999 49(6)]

Where a hearing is in private, members of the public will be excluded. The people allowed to be present or take part in the hearing are parties to the appeal, including witnesses, the panel members hearing the case and the clerk to the tribunal. [SSCS (D&A) Regs 1999 49(6) & (10)]

The other people who are allowed to be present are:

Evidence

The tribunal need not consider anything not raised by the appeal. So make sure that your appeal includes all the points you wish to dispute. [SS Act 1998 12(8)]

The tribunal will only consider the circumstances that existed at the time the decision you are appealing against was made. Changes of circumstances that happen after the decision you are appealing against was made will not be taken into account.

If your claim has been refused but your circumstances change, you should make a new claim at your social security office or Jobcentre without waiting for the tribunal to decide your appeal.

Adjournments

It may be necessary for the hearing to be adjourned, for example to allow new evidence to be looked at. The tribunal may decide to adjourn if it is appropriate. [SSCS (D&A) Regs 1999 54(4)]

Any party to the appeal can ask the tribunal to agree an adjournment at any time during the oral hearing.


At the hearing (continued)

top of page

Medical evidence

The tribunal may request further medical evidence if you are appealing against a decision about: [SS Act 1998 20(2) SSCS (D&A) Regs 1999 41]

If the tribunal needs further medical evidence they can ask you to see a medical practitioner for an examination. If this happens, the hearing will be adjourned to allow the arrangements to be made.

If you think the tribunal may need further medical evidence, for example a letter from your doctor or hospital, you should send it to the Tribunals Service as soon as possible. It is your responsibility to provide information for the tribunal that you think will help your case. It is in your interests to begin collecting all the evidence you believe you will need to support your case as soon as possible. Do not wait until you receive notification of your hearing date, as you may then only have 14 days to prepare.

Non-disclosure of medical advice or evidence

When you appeal you are entitled to see all the evidence held by the Secretary of State that is relevant to your appeal.

In rare circumstances, information that could affect your appeal can be given to the Decision Maker without your knowledge. This would only ever be withheld from you if a doctor decided that you should not be told because it might be upsetting for you or make your condition worse. If this happens, this information will be passed to the tribunal chairman before the hearing and it will be up to the chairman to decide if giving this information at the appeal stage would be harmful to your health. If the chairman considers it will be harmful, the evidence will not be passed to you or your representative but it will be before the tribunal when it considers the appeal. [SSCS (D&A) Regs 1999 42]

Physical examinations at an oral hearing

A medically qualified panel member may examine you at an oral hearing. This may happen if: [SS Act 1998 20(3) SSCS (D&A) Regs 1999 52]

Examinations will be in private.

Death of someone involved in the appeal

If a party to the appeal dies, the appeal can still continue. In these cases the Decision Maker will look to appoint someone else to act in place of the person who died. [SSCS (D&A) Regs 1999 34]

Withdrawing an appeal

You or your authorised representative can withdraw an appeal at any time before it is decided. You can do so: [SSCS (D&A) Regs 1999 40]

Other tribunals or proceedings pending

The decision of any other tribunal or proceedings is not binding on the Tribunals Service. But if you have pending an industrial tribunal or other proceedings, such as the Department for Work and Pensions taking criminal proceedings against you, your appeal hearing may be delayed. This will ensure that any evidence given informally at the Tribunals Service hearing cannot be used against you in subsequent criminal proceedings.

top of page

Appeal tribunal decisions

When the hearing is over, the chairman will ask everyone to leave the room while the tribunal makes its decision. The following people are allowed to stay, but are not allowed to take part in the deliberations: [SSCS (D&A) Regs 1999 42(12)]

You may be asked to stay close by in case the tribunal wishes to ask you further questions.

The tribunal will be asked to reach a decision after they have considered all the evidence from an oral or paper hearing. If a unanimous decision is not possible, the chairman will have the casting vote. Any dissent will be recorded on the decision notice and the reasons for the dissent will be included in the statement of reasons if you ask for one. [SSCS (D&A) Regs 1999 53]

If you attend an oral hearing you may be given the decision on the day. If you are not given a decision on the day, the clerk will send you a copy of the decision notice signed by the chairman as soon as possible after the hearing. A copy will also be sent to the Department for Work and Pensions, to your representative if you have one, and to any other party to the proceedings.

This will record what the tribunal decided so that you can understand the decision. The decision notice will also be sent to the Decision Maker. If appropriate, it will be used to correct your benefit payments. [SSCS (D&A) Regs 1999 53]

You will be told that you can apply to the clerk for a statement of reasons for the decision. This sets out the findings of fact and the reasons for the decision. [SSCS (D&A) Regs 1999 53]

If you are considering an appeal to the Social Security Commissioners you must ask for a statement of reasons first. [SSCS (D&A) Regs 1999 58(1) (a)]

A record of proceedings will automatically be sent alongside a statement of reasons. You must request the statement of reasons in writing from the clerk to the tribunal. The clerk must receive your application within one month of the date the decision notice was given or sent to you. If you do not do this on time, your chances of appealing may be lost or prejudiced. [SSCS (D&A) Regs 1999 54]

If you ask for the tribunal’s decision to be set aside or corrected, the one month period will begin from the date that you are notified of that application. [SSCS (D&A) Regs 1999 53(4A)]

Late applications for the statement of reasons can only be accepted if you apply in writing to the clerk of the tribunal within three months of the date the decision notice was sent to you. You must explain why your application is late. A legally qualified panel member will consider your application (see for an explanation of the interests of justice). Once the three months have expired you cannot ask for a full statement. [SSCS (D&A) Regs 1999 54(1)]

If the late application is not accepted, you cannot ask for it to be renewed.

You can ask for a copy of the record of the proceedings at an oral hearing at any time within the six months following:

This record will indicate the evidence taken during an oral hearing. [SSCS (D&A) Regs 1999 55]

top of page

What to do if you think the tribunal’s decision is wrong

You can only challenge the tribunal’s decision in certain circumstances. The actions you can take depend on why you think the tribunal’s decision is wrong. You need to consider if any of the following situations apply.

Is the decision wrong because it contains an accidental error?

You can ask for a correction if you think that there is an accidental error in the way the decision has been written, such as a mistake in a date or an amount. [SSCS (D&A) Regs 1999 56]

The clerk or a legally qualified panel member may correct the accidental error.

The clerk will send you, and all other parties to the appeal, a corrected copy of the decision. You may also receive a corrected decision if someone else asks for a correction.

Is the decision wrong because the tribunal did not have a piece of evidence, or because a party to the hearing was not present?

You can ask for the decision to be set aside if you think that the tribunal reached the wrong decision because: [SSCS (D&A) Regs 1999 57]

If a decision is ‘set aside’, this means that the decision is cancelled and a new tribunal is arranged.

If you think this applies to you, you must request that the decision be set aside in writing from the clerk to the tribunal explaining why you think the decision should be set aside. The clerk must receive your request within one month of the date the decision notice or the statement of reasons was given or sent to you, whichever is the later.

Your application will be sent to other people involved in the appeal. They will be asked if they have any comment on the application before it is considered.

You will receive a decision notice shortly after the legally qualified panel member has decided the set aside application. This will contain a statement giving reasons for that ‘set aside’ determination.

There is no right of appeal against the outcome of a set aside request. However, if your request is refused, the time limit for appealing to the Commissioner does not start to run until you have been notified of the set aside decision.

Late applications for set aside may be accepted up to one year after the end of the one month time limit. You should apply in writing to the clerk of the tribunal explaining the reasons for the delay. A legally qualified panel member will make the decision using the same criteria as those used for making decisions about late appeals. If the late application is not accepted, there is no right of appeal, and the time for appealing to the Commissioner cannot be extended.

Is the decision wrong because it contains an error in law?

If you disagree with the decision of the tribunal because you think it is wrong in law, you may be able to appeal to the Social Security Commissioners.[SSCS (D&A) Regs 1999 58] Part 4 explains how to apply for leave to appeal and how to appeal.


Appealing to the Social Security Commissioners

The Social Security Commissioners are appointed to decide appeals brought by individuals and by the Secretary of State on questions of law from the decisions of appeal tribunals. The Commissioners are barristers, solicitors or advocates of not less than ten years’ standing and are appointed by the Queen on the advice of the Lord Chancellor. They are independent of the Department for Work and Pensions and its agencies.

The Commissioners’ role is to decide whether a tribunal made an error on a point of law.

The Commissioners have two offices, in London and Edinburgh (for contact details see addresses) where oral hearings are held. They also hold hearings in Cardiff and the north of England and offer videoconference facilities in other locations.

Before you can appeal to a Commissioner you must have permission (this is called leave to appeal). How to apply for leave to appeal is explained in detail on the next page. Remember your application must include a copy of the tribunal’s full written statement of its reasons for the decision. If it does not, the chairman must reject it. You may then renew your application to the Commissioner. However, you will have to satisfy the Commissioner that you have special reasons and without a written statement of reasons your chances of appealing successfully will be limited. [SS Act 1998 14(10)].

top of page

What is an error in a point of law?

An error in a point of law is where, for example, the tribunal:

top of page

Who can apply for leave to appeal?

The following people can apply for leave to appeal to a Commissioner: [SS Act 1998 14]

A trade union can only apply on your behalf in one of the following circumstances:

top of page

Secretary of State appeals

The Secretary of State can apply for leave to appeal to the Commissioners. If this happens, you will receive a copy of the Secretary of State’s application. [SSCS (D&A) Regs 1999 58]

Suspension of benefit pending a Secretary of State’s appeal to the Commissioner

The Secretary of State may decide to suspend any payment of benefit arising from the tribunal’s decision notice whilst they are deciding whether to apply for a statement of the tribunal’s reasons. If they have not done so within one month of being sent the decision notice, the decision must be implemented and arrears paid to the claimant. [SSCS (D&A) Regs 1999 16]

On receipt of the statement of reasons, the Secretary of State will decide whether to seek leave to appeal. If he has not done so within one month of receiving the written statement of reasons, the decision must be implemented and arrears paid to you.

If the Secretary of State decides to apply for leave to appeal and it is granted, the suspension will continue until the Commissioner has given a decision on the appeal.

You must be told in writing about the suspension and the reason for it. There is no right of appeal against a decision to suspend benefit. However, if the suspension is likely to cause you hardship, you can ask the Secretary of State to lift it.


Claimant’s appeal

top of page

How to apply for leave to appeal

In the first instance, you must apply in writing to the clerk to the tribunal. The clerk must receive your application within one month of the date you were sent the statement of reasons. If the tribunal decision was corrected or you applied unsuccessfully for it to be set aside, the time limit does not start to run until after you were notified of the correction or the refusal to set aside. You should write a letter setting out your reasons for appealing. If you are late in making your application (see below) you should also say why you are late. [CS (D&A) Regs 1999 58].

top of page

Late applications

If you apply for leave to appeal outside the one month, you will need to explain why you are late. The chairman has power to extend the time limit and grant you leave to appeal if there are special reasons to do so.

In your own interests you should make any application as soon as possible. In any event, the chairman cannot grant you leave to appeal if you apply more than 13 months after the date the statement of reasons was given or sent to you.

top of page

Applications where you do not have a statement of reasons

Even if you have failed to apply for a statement of reasons within the time limit, you must still make an application for leave to appeal to the chairman, although this is bound to be rejected. You cannot apply to a Commissioner for leave until you have done this. The latest date for applying to the chairman is 13 months after the date the decision notice was given or sent to you.

top of page

Set aside

A tribunal chairman will look at your application. If they agree that the decision is wrong, they may set it aside and refer it to a different tribunal to re-hear. [SS Act 1998 13]

If you and the Secretary of State both apply for leave to appeal the same decision, the chairman will set it aside whether or not they think the decision is wrong.

If the decision is not set aside, the chairman will then consider whether you should be granted leave to appeal.

top of page

If the chairman grants you leave to appeal

If you are granted leave to appeal, you must then send the following to the Social Security Commissioners’ office [SS Comm (Proc) Regs 1999 12 & 13] (for information about the address):

You must make your appeal within one month of the date you were sent notice of the chairman’s decision granting you leave to appeal. However, the Commissioner has power to accept a late appeal if there are special reasons.

top of page

If the chairman refuses you leave to appeal, does not accept your late application or rejects it because you do not have a written statement of reasons

You may renew your application for leave to appeal direct to a Commissioner. If you can, use the special form OSSC1 which the Tribunals Service should send to you. Alternatively you can write a letter.

The time limit is one month from the date you were sent notice of the chairman’s decision refusing you leave to appeal.

You should always send your application and supporting documents to the Commissioners’ office promptly. However, the Commissioners have power to accept late applications or applications that have been rejected by the Tribunals Service, if there are special reasons to do so, subject to the application being received within the absolute time limit of 13 months.

top of page

What happens when your application for leave to appeal is received by a Commissioner

You will be sent a written acknowledgement by the Commissioners’ office.

top of page

If the Commissioner grants you leave to appeal

The Commissioners’ office will let you know. They will send you a copy of the Commissioner’s ruling, which will normally give reasons for granting leave, together with a numbered set of the case papers. You do not normally have to send in a separate appeal document as your application for leave to appeal will be treated as your appeal. You will be treated as having appealed on the date you were notified that you had been granted leave. If the Commissioner decides that you must send in a separate appeal document you will be told and asked to fill in a form.

top of page

If the Commissioner refuses you leave to appeal

The Commissioners’ office will notify you and send you a copy of the Commissioner’s ruling. The Commissioner must give reasons for refusing leave to appeal. Refusals of leave can only be set aside on certain limited procedural grounds. There is no right of appeal to the courts against a refusal of leave to appeal. The only available remedy is judicial review: there is a strict three month time limit from the date of the refusal. You should consider consulting a welfare rights adviser before pursuing this remedy.

top of page

What happens to my appeal?

If you have been granted leave to appeal, your appeal form will be copied to the Secretary of State’s office in Leeds. The procedural regulations provide for the Secretary of State to comment in writing on your appeal within one month and for you to have one month to reply to what the Secretary of State has said. However the Commissioner will normally give a direction on your appeal which may vary the standard procedure in your particular case. [SS Comm (Proc) Regs 1999 18 & 19]

top of page

If you do not follow up your appeal

The Commissioner has the power to strike out an appeal (to stop the appeal continuing) if, for example, you have not answered letters on time or taken action in connection with your appeal as requested. A party to the proceedings can ask the Commissioner to consider striking-out, or the Commissioner can decide to do it. Before stopping the appeal, the Commissioner must write to you at your last known or notified address and explain that they propose to strike out your appeal. You will be given a reasonable length of time to give reasons why your appeal should continue. If the Commissioner does stop your appeal, the matter is considered closed but you can apply to have the appeal reinstated at any time. If the Commissioner considers there are good reasons for doing so, the appeal will be revived. [SS Comm (Proc) Regs 1999 5(3)].

top of page

If you want to withdraw your application for leave to appeal or your appeal

You can withdraw your application for leave to appeal to the tribunal chairman or Commissioner at any time before a decision is made. Write to the tribunal clerk or Social Security Commissioners’ office who will take all the necessary action. [SS Comm (Proc) Regs 1999 26].

If you want to withdraw your appeal, you must obtain the Commissioner’s agreement. Write to the Social Security Commissioners’ office who will take all the necessary action (for information about addresses). If you have withdrawn your application for leave to appeal or appeal, and you want the Commissioner to reinstate it, write to the Commissioner giving your reasons.

top of page

What happens if the claimant dies before a decision is made

If a claimant dies before a decision is made on the application for leave to appeal or on the appeal, the executors or administrators of the claimant’s estate may continue with it. The Commissioners’ office will ask for an official copy of the Grant of Probate or Letters of Administration. If there are no executors or administrators, the Secretary of State may appoint someone (normally the Next of kin) to continue with the application or appeal. The person who wishes to be appointed should contact the office dealing with the appeal – the Commissioner’s office or the local social security office will have the necessary details. If the application is accepted, the social security office will issue a Form of Appointment, which the Commissioners’ office will need to have a copy of. If there are no executors or administrators and no one is appointed by the Secretary of State, the case may be closed but it can be revived in the future if an executor or administrator is appointed.


Claimant’s appeal (continued)

top of page

Representation and hearings

[SS Comm (Proc) Regs 1999 24]

You have the right to conduct your case on an appeal yourself or to be represented by anyone you may appoint. Most appeals are decided by the Commissioner on the basis of the written observations made by both sides. You may ask for an oral hearing of your appeal. You should give your reasons. If you ask for an oral hearing, the Commissioner will normally grant your request unless satisfied that he or she can decide the case properly without an oral hearing. The Commissioner may also decide to direct an oral hearing. If the Commissioner has an oral hearing all parties can be present.

Hearings are held in London, Edinburgh, Cardiff and the north of England. If you would have special difficulty in reaching one of these centres, it may be possible to arrange a hearing at a more convenient location. They are normally held in public, unless the Commissioner decides that the hearing should be in private.

The Commissioner’s London office also offers hearings at additional locations using video-conferencing technology. A three-way television link is used between the Commissioner in London, you and your representative (if you have one) and the Secretary of State’s representative. Once your request for an oral hearing has been granted, unless the Commissioner decides that your case is not suitable for a hearing by video-conference, you will be sent a letter telling you where an oral hearing can be held and asked whether you would like a video-conference hearing.

How you are notified of the hearing

Once the date for your hearing has been set, the Social Security Commissioners’ office will tell you where and when your appeal will be heard. You must be given at least 14 days’ notice of the time and place of the hearing. A comprehensive information pack will be sent to you at this time telling you about this part of the process, including details of approved travel expenses and subsistence allowance that may be claimed for attendance. [SS Comm (Proc) Regs 1999 24(2) & (3)]

Your representative, if you have one, and the Secretary of State’s representative will be informed of the date of the hearing at the same time.

What to do if you cannot go to the hearing

If you find that you cannot go to the hearing after you have returned the hearing notification form, let the Social Security Commissioners’ office know by letter as soon as possible. If time is very short you may telephone, but your telephone call must then be confirmed in writing. It is up to the Commissioner to decide if the hearing can be postponed. [SS Comm (Proc) Regs 1999 24(4)]

Who can attend the hearing

The only people who are allowed to participate in the hearing are:

[SS Comm (Proc) Regs 1999 24(6)]

The following people are also allowed to be present, but to take no part in the hearing:

If you have told the Commissioners’ office that you intend to go to the hearing but you do not turn up, the Commissioner will decide whether to adjourn the hearing or to proceed without you. If you are held up and able to telephone, you should do so as soon as possible.

Procedure at hearings

You will be sent further information before the hearing. The Commissioner will decide the procedure for the hearing, including whether to adjourn it for example, if further documents need to be produced.

Tribunal of Commissioners in cases of special difficulty

An appeal which raises legal questions of special difficulty may be dealt with by a tribunal of three or more Commissioners sitting together. You will be told if your case is to be dealt with in this way.

top of page

The Commissioner’s decision

The Commissioners’ office will send the decision to you and your representative and to the Secretary of State. The Commissioner’s decision will be in writing and will give reasons unless:

If the Commissioner decides that the tribunal’s decision was wrong in law he will also decide how the case should be dealt with, either by sending it back to the tribunal for re-hearing or by giving the final decision himself.

top of page

Appealing against a Social Security Commissioner’s decision

If you are dissatisfied with the decision of a Commissioner you can appeal further to the Court of Appeal or the Court of Session but only on a point of law. However, you will first need leave to appeal (permission) from the Commissioner or from the court. You will be told about the procedure and time limits for this when the Commissioner’s decision is sent to you.

You should note that there are likely to be costs involved in appealing to the Court of Appeal or the Court of Session. You will probably find it helpful to seek advice from an advice centre, lawyer or welfare group before taking this course. Legal Aid may be available.

top of page

Correction and setting aside of a Commissioner’s decision

Commissioners have the power to correct accidental errors in the written record of their decisions. They may also set their decisions aside on limited procedural grounds, where: [SS Comm (Proc) Regs 1999 30 & 31]

If you think you have grounds to have the decision in your case set aside, you must write to the Commissioners’ office stating your grounds within one month of the date the decision was sent to you.

There is no right of appeal against the refusal of an application to set aside, but you can still appeal to the Court of Appeal or Court of Session against the original decision.

top of page

Legal officers

The legal officers to the Commissioners are appointed by the Lord Chancellor to deal with many procedural aspects of appeals and applications for leave to the Commissioner. However, only a Commissioner may actually make a decision on an appeal or on an application for leave to appeal. If you are dissatisfied with any decision by a legal officer, you can ask a Commissioner to reconsider it. [SS Comm (Proc) Regs 1999 7]


Decisions on other benefits and pensions

top of page

Decisions about a Budgeting Loan, Crisis Loan or Community Care Grant

If you are unhappy about a decision about one of the following benefits or pensions, follow the special procedures for having the decision reviewed which are described below:

If you are unhappy with a decision about your application for a Budgeting Loan, Crisis Loan or Community Care Grant, ask for a review of the decision from the social security office which dealt with your Social Fund application. Full details for reviewing a Social Fund decision are given in Leaflet SB16 A guide to the Social Fund (which you can get from your local Jobcentre Plus or social security office). Applications for review must be made in writing within 28 days of the decision.

top of page

Decisions about War Disablement Pension or a War Widow’s Pension

You can appeal to the independent Pensions Appeal Tribunal:

If you disagree with the decision of the Tribunal you can appeal, on a point of law only, to the Pensions Appeals Commissioners. You will be given details about how to do this with your Tribunal decision.

For further information see WPA Leaflet 2 Notes for people getting a war pension living in the United Kingdom which you can get from your social security office, Jobcentre Plus office or War Pensioners’ Welfare office.

top of page

Decisions about Vaccine Damage Payment

If you disagree with the decision made on your claim for a Vaccine Damage Payment, you can ask for the decision to be reversed or you can appeal. You should write to The Vaccine Damage Unit whose address is given here.


Decisions on other benefits and pensions

top of page

Decisions about a Budgeting Loan, Crisis Loan or Community Care Grant

If you are unhappy about a decision about one of the following benefits or pensions, follow the special procedures for having the decision reviewed which are described below:

If you are unhappy with a decision about your application for a Budgeting Loan, Crisis Loan or Community Care Grant, ask for a review of the decision from the social security office which dealt with your Social Fund application. Full details for reviewing a Social Fund decision are given in Leaflet SB16 A guide to the Social Fund (which you can get from your local Jobcentre Plus or social security office). Applications for review must be made in writing within 28 days of the decision.

top of page

Decisions about War Disablement Pension or a War Widow’s Pension

You can appeal to the independent Pensions Appeal Tribunal:

If you disagree with the decision of the Tribunal you can appeal, on a point of law only, to the Pensions Appeals Commissioners. You will be given details about how to do this with your Tribunal decision.

For further information see WPA Leaflet 2 Notes for people getting a war pension living in the United Kingdom which you can get from your social security office, Jobcentre Plus office or War Pensioners’ Welfare office.

top of page

Decisions about Vaccine Damage Payment

If you disagree with the decision made on your claim for a Vaccine Damage Payment, you can ask for the decision to be reversed or you can appeal. You should write to The Vaccine Damage Unit whose address is given here.


Further information

top of page

Rates of benefits

Rates of benefits are published each year in the Social Security Benefits Uprating Order, which is debated by Parliament, usually towards the end of the year. Benefits are usually uprated from April, at the beginning of the financial year. Details of the benefit rates of all social security benefits, are available in Social Security Benefit Rates BRA5DWP.

top of page

Social security leaflets

You can get copies of the leaflets from
Your local Social Security Office or Jobcentre Plus office. For your nearest office look for the display advert under ‘Social Security’ in the business numbers section of the phone book for social security leaflets and most others
Post offices or Jobcentres for the main leaflets
Your local council for leaflets on Housing Benefit and Council Tax Benefit

You can get more information from the DWP website. The address is: www.dwp.gov.uk

To contact us by email see the Contact Us section of the website.

Community advisers who belong to an organisation that gives benefits information to the public can join the Publicity Register (PR), which gives advisers access to information from the Department for Work and Pensions and its Agencies. To join call 0845 602 4444 or fax 0870 241 2634 (9am – 6pm, Monday to Friday) or write to The Publicity Register, Freepost, NWW 1853, Manchester, M2 9LU.

top of page

Technical guides

Technical guides, such as this one, give detailed information on particular benefits or benefit areas. They are intended for professional and voluntary advisers and for members of the public who want to know more about benefit procedures.

DB1 A guide to Industrial Injuries Scheme benefits
HB5 A guide to non-contributory benefits for disabled people
IB1 A guide to Incapacity Benefit
IS20 A guide to Income Support
NI17A A guide to maternity benefits
NP45 A guide to Bereavement Benefits
PC10S A guide to Pension Credit
RR2 A guide to Housing Benefit and Council Tax Benefit
SB16 A guide to the Social Fund

You can get copies of these from any Jobcentre Plus or social security office.

top of page

The Acts, Regulations and Blue Volumes

This technical guide is only a guide to revision, supersession and appeals. It has no status in law, but it refers you to the Acts and Regulations which cover particular rules. The Regulations may be changed or added to from time to time by Amendment Regulations. Also, each year a set of Uprating Regulations is published changing the benefit rates.

The main Acts and Regulations which govern disputes and appeals:

Corporate Document Services (CDS) publishes The Law relating to Social Security as one of a series of loose-leaf books also known as the Blue Volumes, which contain all the Acts and Regulations. They are indexed and kept up to date by regular supplements. You can consult a copy at your social security office, and many libraries also have a copy. The Blue Volumes can be bought direct from Corporate Document Services. All the Acts and Regulations are also available on the DWP website at www.dwp.gov.uk/advisers

To order call 0113 399 4040 or fax 0113 399 4205.

top of page

Social Security Commissioners’ decisions

Commissioners’ decisions fall into two categories: reported and unreported decisions. Any ruling about the law contained in a Commissioner’s decision, whether reported or unreported, must be applied to your case by Decision Makers and tribunals if it appears to be relevant. In deciding between decisions a reported decision should be given more weight than an unreported decision.

Reported decisions

Reported decisions of the Commissioners deal with matters of important legal principles. They are given serial numbers, by the year, in the appropriate category of cases, for example R(U)4/84 indicated the fourth decision relating to Unemployment Benefit in 1984. Copies of all reported decisions are held by the Tribunals Service. Your local office should also have access. Libraries may also have copies. Copies of reported decisions are also available on the DWP website at www.dwp.gov.uk/advisers

Unreported decisions

Not all Commissioners’ decisions are reported. The unreported decisions are not deemed to have general significance in the social security field. They are identified only by the Commissioner’s file number, for example CIS/627/95.

The Tribunals Service do not keep copies of unreported decisions. If you intend to use one in arguing your case before the tribunal, you will need to get your own copy. These can be bought from the Office of the Social Security and Child Support Commissioners, see address. Reported and unreported decisions are also available from the Office of the Social Security and Child Support Commissioners’ website at www.osscsc.gov.uk.

top of page

Abbreviations key for legislation

SS Act 1998 Social Security Act 1998
SSA Act 1992 Social Security Act 1998
SS Comm (Proc) Regs 1999 Social Security Commissioners (Procedure) Regulations 1999 SI1495
SS C & B Act 1992 Social Security Contributions & Benefits Act 1992
SS Pensions Act 1975 Social Security Pensions Act 1975
SSCS (D&A) Regs 1999 Social Security and Child Support (Decisions and Appeals) Regulations 1999 SI991
SS (C&P) Regs 1987 Social Security (Claims & Payments) Regulations 1987 SI19
SS (II) (PD) Regs1985 Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 SI967
Sched Schedule

Further information

top of page

Useful addresses

Disability Benefits Unit

Warbreck House
Warbreck Hill
Blackpool
FY2 0YE
Tel: 08457 123 456

HM Revenue & Customs Credit Offices

Working Tax Credit (disability element)
HMRC
PO Box 178
Preston
PR1 0GQ

Working Tax Credit
HMRC
PO Box 145
Preston
PR1 0GP
Website: www.hmrc.gov.uk

The Office of the Social Security Commissioners

The Commissioners’ Office
3rd Floor
Procession House
55 Ludgate Hill
London EC4M 7JW
Tel 0207 029 9851

23 Melville Street
Edinburgh
EH3 7PW
Tel: 0131 225 2201
Website: www.osscsc.gov.uk

The Tribunals Service (TS)

The Tribunals Service (TS)
5th Floor
Fox Court
14 Gray’s Inn Road
London
WC1X 8HN
Tel: 020 7712 2600
Website: www.tribunals.gov.uk

Tribunals Service Regional Offices

TS Nottingham
The Pearson Building
57 Upper Parliament Street
Nottingham
NG1 6AZ
Tel: 0115 909 3600

TS Sutton
Copthall House
9 The Pavement
Grove Road
Sutton
Surrey
SM1 1DA
Tel: 020 8710 2900

TS Leeds
York House
York Place
Leeds
LS1 2ED
Tel: 0113 251 9500

TS Liverpool
36 Dale Street
Liverpool
L2 5UZ
Tel: 0151 243 1400

TS Newcastle
Manorview House
Kingsmanor
Newcastle upon Tyne
NE1 6PA
Tel: 0191 201 2300

TS Birmingham
3rd Floor
Auchinleck House
Broad Street
Birmingham
B15 1DL
Tel: 0121 634 7200

TS Glasgow
Wellington House
134–136 Wellington Street
Glasgow
G2 2XL
Tel: 0141 354 8400

TS Cardiff
Oxford House
Hills Street
The Hayes
Cardiff
CF1 2DR
Tel: 029 2087 7200

The Vaccine Damage Unit

Palatine House
Lancaster Road
Preston
PR1 1NS
Tel: 01253 856 123