Appealing against decisions

[ch 3: pages 26-27]

The Department for Work and Pensions (DWP) appeal process for the benefits it administers (welfare, pensions and child maintenance policy) is as follows:

If you disagree with a DWP decision, you must request a mandatory reconsideration before you can lodge an appeal. You must do this within a month of the decision.

If you disagree with the outcome of the mandatory reconsideration, you can appeal to an independent tribunal within a month of receiving your mandatory reconsideration notice.

For most benefit appeals, you must fill in form SSCS1 which can be found on the government’s website https://www.gov.uk/government/publications/appeal-a-social-security-benefits-decision-form-sscs1.

More detailed information on challenging benefit decisions can be found on the Citizens Advice website at: https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-a-benefit-decision.

R (CJ) and SG v Secretary of State for Work and Pensions [2017] UKUT 0324 (AAC) (03 August 2017), confirmed that claimants can appeal a benefits decision to the tribunal even if their application for mandatory reconsideration was made late. The full judgement can be found at: www.bailii.org/uk/cases/ UKUT/AAC/2017/324.html.