Challenge and appeal a benefit decision: step by step

How to challenge and appeal a benefit decision if you think it is wrong.

There’s a different process for Child Benefit, Tax-Free Childcare and 30 hours free childcare, Guardian’s Allowance, tax credits, Housing Benefit, Vaccine Damage Payment, Budgeting Loans, Child Disability Payment and Adult Disability Payment.

1. Step 1: Find support and advice

   You can get free support and advice from:

   • Citizens Advice
   • Advicenow
   • an adviser near you on Advicelocal

   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