Appeal a benefit decision

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What happens at the hearing

Submit any evidence as soon as possible before the hearing so the tribunal has time to read it. Evidence will usually be shared with all parties, including your representative (if you’re using one).

A judge and one or two experts will make a decision about the case. Who the experts are depends on what benefit you’re appealing. The judge and experts are impartial and independent of government.

The tribunal must follow the rules in the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008.

If you attend the hearing

You’ll have the opportunity to explain your appeal.

You’ll be asked questions about your condition or circumstances by the judge or the experts.

The department that made the original decision may also be at the hearing. They may ask questions, but they’re not part of the tribunal and do not decide the result of the appeal.

If you or your 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 or your representative is in and what type of evidence is being given. You must do this as soon as possible.

You can get support during the hearing, for example an interpreter, hearing loop or accessible tribunal room. You can request support when you make an appeal.

You cannot use your own interpreter during the hearing.

Claiming expenses

You may be able to claim for reasonable expenses for going to the tribunal, for example:

  • travel expenses to cover your fare if you get there using public transport
  • travel expenses of 12p per mile if you drive, plus 2p per mile for up to 2 passengers
  • meals - £4.25 if you’re away for more than 5 hours, £9.30 for more than 10 hours or £13.55 for more than 12 hours
  • loss of earnings - £38.96 if you’re away from work for up to 4 hours or £75.59 for 4 hours or more
  • care expenses up to the National Minimum Wage, for example for a childminder

The clerk will help you fill in a claim form when you go to the hearing.

You’ll need to include proof, for example:

  • receipts
  • a letter from your employer for loss of earnings
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