Making an appeal
If you are unhappy or disagree with a benefit decision, you can make an appeal. However, it is always advisable to ask for a reconsideration first. An appeal looks at your claim in more depth and follows legal procedures.
More information about disagreeing with a benefit decision
How to appeal
Your appeal request must -
- be received within one calendar month of the benefit’s decision letter, or after getting a reconsidered decision
- be in writing and signed by you
- state what decision you are appealing against - please explain which part you disagree with, for example the start date, income, savings or capital, and you should provide evidence to support this
- give a full explanation why you disagree
What happens next
After receiving your appeal, we will look at the decision again to see if it can be changed and write to you to let you know what we have decided.
- If we think the original decision is correct - we will write to you explaining why and ask you if you wish to withdraw your appeal. If we do not hear from you within 14 days, your appeal will be passed to the independent tribunals service.
- If we think the original decision is wrong and we change the decision to your advantage - we will write to tell you about the new decision. Your appeal will be closed, but you will be given new appeal rights for the new decision.
- If we think the original decision is wrong and we change it to your disadvantage - we will write to you about the new decision and give you the chance to comment on what we have decided. If we do not hear from you within one calendar month your appeal will be passed to the independent tribunals service.
Appealing more than one month after the benefit decision letter
Your appeal may still be accepted if there are special reasons for the delay. An appeal cannot be accepted if more than 13 months has passed since the date of the decision.
If you are appealing late your appeal request must -
- be in writing and signed by you
- state what decision you are appealing against - please explain which part you disagree with, for example the start date, income, savings or capital, and you should provide evidence to support this
- give a full explanation why you disagree
- give a full written explanation telling us why your appeal is late, for example a death in the family, serious illness, postal strike
What happens if we do not accept the reasons for your delay
Your case will be passed to the independent tribunals service and a legally qualified member of the appeal tribunal panel will look at the reasons you have given for the delay. They will decide whether the case should be heard or not at an appeal tribunal.
The Tribunals Service
The Tribunals Service is independent from Hull City Council. If you have been advised that your appeal has been passed to the tribunals service, your case will be decided at an appeal tribunal. The tribunal is made up of people who are not from Hull City Council.
You will receive a copy of the case papers which have been passed to the tribunals service and the tribunals service will send you a form to complete. This form will ask you to state whether you want to go to the hearing or whether you would like your appeal to be considered in your absence. If you wish, you can have a representative attend the hearing for you. You must return this form to the tribunals service within 14 days, otherwise your appeal may be cancelled.
The Tribunals Service will arrange the time, date and venue for the hearing and let you know this in writing.
You can get help from an advice centre such as the Community Legal Advice Centre or a solicitor under the Legal Help Scheme previously known as the Legal Advice and Assistance Scheme. The Tribunals Service and Hull City Council do not provide money for solicitor's fees.
What happens at the appeals tribunal
A judge or a panel of legally qualified people will consider your appeal. They will look at the evidence, the law and the circumstances at the time we made the decision you are appealing against. They cannot look at changes of circumstances that happened after we made the decision.
A presenting officer from the council may also attend the hearing to present the case from the council's point of view. You will be given the opportunity to present your side of the case to the panel.
If you disagree with the appeal tribunal's decision, you may be able to appeal to the Upper Tribunal. These are barristers, solicitors or advocates each with at least 10 years experience. They are independent of both the Department of Work and Pensions and Hull City Council.
You can appeal to the Upper Tribunal if you have already appealed to the Tribunals Service or to us. You can only appeal to the Judges of the Upper Tribunal on a point of law, not to question facts or a Tribunal's findings or conclusions.
