You can challenge a decision about your benefits if you disagree with the decision.

For example, you may feel you should be entitled to a disability benefit but have received a decision advising that you do not qualify or you may have been refused Universal Credit and believe you are entitled to this benefit.

Most benefit decisions are made by Social Security Scotland (SSS) or the Department for Work and Pensions (DWP).

Mandatory reconsideration

Before you are able to appeal a benefit decision made by the DWP you must ask the DWP,, to look at their decision again. This is called ‘mandatory reconsideration.’

You have one month from the date of the decision that you disagree with to ask for a mandatory reconsideration.

The DWP will look at the decision again following your request and you will then be sent out a Mandatory Reconsideration Notice  (MRN) advising of whether the decision has been changed or remains the same.

There is a one-month time limit from the date of the decision for you to request a mandatory reconsideration, asking DWP to look at their decision again. If you have missed the one-month deadline you can try and make a late request for a mandatory reconsideration and ask DWP to accept this late. You will require to detail why the request is beyond the one-month time limit.

If you are still unhappy following the outcome of your mandatory reconsideration you can then appeal the decision. 

If your Mandatory Reconsideration is unsuccessful and the decisions remains unchanged or is amended but not to your satisfaction you can then formally appeal to His Majesty's Court & Tribunal Service (HMCTS).

Appeal

You must appeal directly to HMCTS within one month of the date on your mandatory reconsideration notice.You can do this online by visiting the DWP website or by calling the number on your Mandatory Reconsideration Notice.

If you are appealing an Employment and Support Allowance (ESA), Personal Independence Payment (PIP) or Universal Credit (UC) decision there is a form called an SSCS1 that you need to fill out.

If you appeal after the one month time limit has passed you will have to provide a good reason as to why the appeal is being submitted late and the tribunal will consider this when deciding whether they can accept the late appeal

After you submit your appeal online you must wait for your appeal to be heard via a hearing at your local Appeals venue. This normally takes several months.

To challenge a decision made by Social Security Scotland you must first ask Social Security Scotland to look at the decision again. This is called a 'redetermination.' 

For most benefits you have 31 calendar days to request a re-determination once you have been informed of Social Security’s Scotland’s determination on your original decision letter. The only exceptions to this are Adult Disability Payment, Carer Support Payment, Child Disability Payment, Child Winter Heating Payment, and Pension Age Disability Payment. You have 42 calendar days (6 weeks) to request a re-determination for these benefits.

Sometimes Social Security Scotland will accept re-determination requests made late if you provide a good reason as long as you request is no more than one year after getting the  original decision letter. An example of a good reason might be illness and hospitalisation during the relevant period

Following your request, Social Security Scotland will look at their  decision again  and then you will be sent out a 'Redetermination Notice' advising you of whether the decision has been changed or remains the same.

If you are still unhappy following the outcome of your 're-determination' you can appeal the decision.

Social Security Scotland have 56 days to make their 're-determination'. You have the right to appeal if Social Security Scotland take longer.

You will then wait for your appeal to be heard via a hearing at your local Appeals venue.

What about benefit decisions made by other departments?

You may be unhappy with a benefit decision made by a benefit agency other than the DWP or Social Security Scotland including HM Revenue and Customs (HMRC) and the Local Authority.

The process to challenge a benefit decision you disagree with can vary depending on what benefit you are challenging and who made the decision.

Not all benefit decisions can be appealed.

Your benefit decision letter should tell you about your right to challenge the decision and should advise you on how to do this but we recommend that you contact us for advice before you proceed with submitting your reconsideration, re-determination or appeal.

Can I get help to challenge a decision?

If you require assistance with requesting a mandatory reconsideration or re-determination or, you need help with lodging your appeal the Tackling Poverty Team can assist.

Call us on 01698 331551 or email TPteam@northlan.gov.uk

Our specially trained staff will support your through the process including lodging the reconsideration or re-determination, lodging the  appeal, reviewing your appeal paperwork including medical evidence and representation at the appeal hearing (if you do reach the appeal stage but often people do not).

Generally, if you are asking for a reconsideration or re-determination or you are appealing a decision about a benefit claim that has been refused you will not be paid any benefit until the outcome of the appeal has been decided.

If you have been awarded a DWP benefit at a reduced rate and you are asking for a mandatory reconsideration because you think you are entitled to a higher rate, the benefit will continue to be paid at the reduced rate until the outcome has been decided at the appeal.

Short term assistance

Social Security Scotland can sometimes help whilst you challenge a  decision in relation to Child Disability Payment, Adult Disability Payment or Pension Age Disability Payment decision. If your longstanding Child Disability Payment, Adult Disability Payment or Pension Age Disability Payment has been stopped or reduced, you can apply to Social Security Scotland for Short-term Assistance whilst you wait on the outcome of your re-determination or appeal to the First-tier Tribunal.

You can only get Short-term Assistance if both of the following apply:

• Social Security Scotland reduces or stops your longstanding disability benefit award AND
• your request for a re-determination or appeal is accepted

You will not need to pay back any Short-term Assistance you are paid.