Appeal to the Upper Tribunal (Administrative Appeals Chamber)

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How your case will be decided

A judge will make a decision using:

  • your appeal form
  • the documents you’ve provided
  • the documents used by the lower tribunal or organisation that decided your case

The decision will be sent to you by post.

Attending a hearing

In certain cases you may be asked to attend a hearing to present your case. You can also ask for a hearing when you apply - the judge will decide if it’s necessary.

You’ll be told the time and date of the hearing and where it’s being held. You’ll usually be told at least 14 days beforehand if there’s going to be a hearing. Hearings can be held sooner than this under exceptional circumstances or if all parties agree to a shorter notice period.

You’ll be sent instructions on how to prepare and what documents you’ll need to provide.

If you or your witness or representative is outside the UK and wants to give live video or audio evidence, contact the tribunal to request it. Tell the tribunal what country you, the witness or representative is in and what type of evidence is being given. You must do this as soon as possible.

Getting a time extension

You may be able to get a time extension if you need more time to prepare - ask the judge.

You must have a good reason, for example you’re having problems finding a document or you’re ill.

View a printable version of the whole guide

Part of Challenge and appeal a benefit decision: step by step

  1. Step 1 Find support and advice

    You can get free support and advice from:

    1. You can also seek advice from a legal adviser or solicitor

  2. Step 2 Ask for mandatory reconsideration

    1. Ask for the benefits decision to be looked at again (mandatory reconsideration)

    You normally need to do this within one month of the date on your decision letter.

  3. Step 3 Appeal the decision to a tribunal

    If you’re unhappy with the decision after mandatory reconsideration, you can appeal it to a tribunal.

    1. Appeal to the Social Security and Child Support Tribunal

  4. Step 4 Ask for the tribunal's decision to be 'set aside' (cancelled)

    If you disagree with the decision, you can ask for it to be set aside (cancelled). The decision letter from the tribunal will tell you how to do this.

  5. or Appeal the tribunal's decision

    If you think the decision was wrong for a legal reason, you can appeal to the Upper Tribunal.

    1. Appeal to the Upper Tribunal (Administrative Appeals Chamber)

  6. and Check if you can get legal aid

    You may be eligible for legal aid to help you appeal to the Upper Tribunal.

    1. Check if you can get legal aid