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Appealing against decisions
[ch 9: page 78]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 (gov.uk).
More detailed information on challenging benefit decisions can be found on the Citizens Advice website.
In a test case brought by the Child Poverty Action Group, R (CJ) and SG v Secretary of State for Work and Pensions [2017] UKUT 0324 (AAC) (03 August 2017), the Upper Tribunal ruled the DWP had been unlawfully preventing people appealing against its decisions to refuse them benefits. The case confirmed that claimants can appeal a benefits decision to the tribunal even if their application for mandatory reconsideration was made late. The tribunal recognised the impact of mental health, legal aids cuts and lack of assistance available on benefit claimants’ ability to comply with deadlines.