Appealing a benefit decision

  • Appeals to Scottish Courts & Tribunals
    • Benefits you can appeal | Time limits | Appeal forms | Rules and Regs | Claiming expenses | Client representative guidelines | Process appeals | Links
  • Appeals to the Upper Tribunal of Scotland

    • Following your Tribunal Hearing, you receive your Decision Notice | How to request a Statement of Reasons and Record of Proceedings

  • Errors in Law (same principles apply in Scotland)
    • What is meant by an error in law | How to identify an error in law
Note:
  • Most benefits administered by the DWP require  the claimant to ask the department to look at the decision again, this is called a mandatory reconsideration.
  • In Scotland this would be a re-determination.
  • There may be different rules for decisions made by HMRC and  for decisions relating to Housing Benefit.

Appeals to HMCTS

 

Seek Representation

You can appoint a representative to support you through your appeal. This can be a welfare rights adviser, solicitor, friend, or family member. A representative can:

  • Helping you complete the required forms
  • Communicate with DWP/HMCTS on your behalf
  • Helping to prepare your case by analysing the DWP paperwork and identify what evidence or arguments are needed to challenge the decision effectively.
  • Gathering supporting documents and evidence
  • Submit documents to the tribunal on your behalf

Research shows that having representation can improve how clearly your case is presented, which may increase your chance of success.

Appealing a Benefit Decision – Step‑by‑Step Guide

 Step 1 — Read your decision letter

Your letter from the DWP explains:

  • Why they made the decision

  • What evidence they used

  • Keep this letter safe — you will need it later.

Step 2 — Ask for a Mandatory Reconsideration

Before you can appeal, you must ask the DWP to look at their decision again.
This is called a Mandatory Reconsideration (MR).

  • You must usually ask within 1 month of the date on your decision letter.

  • Explain why you think the decision is wrong.

  • Send any new evidence (medical letters etc.).

  • After they review your case, DWP will send you a Mandatory Reconsideration Notice.

Step 3 — Check the Mandatory Reconsideration Notice

Your MR Notice tells you:

  • Whether DWP has changed the decision

  • Whether you now have the right to appeal

  • If you still disagree, you can move on to appeal.

Step 4 — Submit your appeal to HMCTS

You can appeal online or by post.

Appeal online

You will need:

  • Your National Insurance number

  • Your Mandatory Reconsideration Notice

  • Details of anyone helping you (a representative)

Appeal by post

Use the correct form:

Your form/letter must include:

  • Your name and address

  • National Insurance number

  • A copy of the MR Notice (or explanation if not required)

  • Why you think the decision is wrong

  • Your signature

  • Send it to the address on the form.

Step 5 — Meet the appeal deadline

You usually have 1 month from the date on the MR Notice to appeal.

If you miss the deadline

  • You may still be able to appeal up to 13 months after the original decision, but you must explain why it’s late (illness, postal issues, bereavement, etc.).

  • HMCTS will decide whether to accept a late appeal.

Step 6 — HMCTS will start working on your case

After you submit your appeal:

  • HMCTS registers it

  • DWP prepares a response bundle explaining their decision

  • You should receive updates by post, text or email.

Step 7 — Choose your hearing type

You can choose:

  1. A paper hearing

  2. A teleconference hearing would involve you speaking to the tribunal on the telephone.

  3. A videoconference hearing would involve you speaking to the tribunal on a video call.

  4. An in-person oral hearing would involve you speaking to the tribunal at one of their hearing venues. There are venues throughout Scotland.

If attending, tell HMCTS if you:

  • Need an interpreter

  • Have accessibility needs

  • Have dates you cannot attend

You are entitled to be represented at all these hearings and to be accompanied by relatives or friends for support

Step 8 — Gather and send evidence

Provide anything that supports your case, such as:

  • Medical reports

  • Letters from professionals

  • Statements explaining how the decision affects you

  • You may also appoint a representative to help you.

Step 9 — Attend your tribunal hearing (if you chose one)

Your case will be looked at by an independent tribunal, completely separate from the DWP.

They will:

  • Ask questions

  • Review your evidence

  • Make a legally binding decision

Step 10 — Receive the tribunal decision

  • HMCTS will send you the outcome in writing.
  • If you disagree with the tribunal’s decision, request a ‘Statement of Reasons (SoR) and Record of Proceedings (RoP)’
  • A Statement of Reasons is the full written explanation from the tribunal judge, showing how and why they reached their decision.
  • You may need this if you are considering an appeal to the Upper Tribunal (which only accepts appeals on points of law).
Statement of Reasons (SoR) and Record of Proceedings (RoP)

 When to request it

Why people request it

Even if you don’t plan to appeal further, a SoR can help you understand:

  • How the tribunal interpreted your evidence
  • What issues might matter in future reviews or reassessments

How to make the request (for both SoR and RoP)

You can request both documents by:

  • Writing to HMCTS using the address on your tribunal decision notice, or
  • Submitting your request through your online appeal account (if used)

Your request should include:

  • Your name
  • National Insurance number
  • Appeal reference number
  • Date of tribunal hearing

A statement such as:

  • “I am requesting the full Statement of Reasons for the Tribunal’s decision.”
  • “I am requesting a copy of the Record of Proceedings.”
Note:

  • Most benefits administered by the DWP require  the claimant to ask the department to look at the decision again, this is called a mandatory reconsideration.

  • In Scotland this would be a re-determination.

  • There may be different rules for decisions made by HMRC and  for decisions relating to Housing Benefit.

Appealing to HMCTS

You can appeal a decision about your entitlement to benefits, for example Universal Credit sanctions, overpayments or work capability assessment. 

There is  a different process if you live want to appeal a decision made by Social Security Scotland.

Appeals are decided by the Social Security and Child Support Tribunal who are supported by HM Courts and Tribunals Service (HMCTS). The tribunal is impartial and independent of government.

Legislation (UK)

The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008

Consolidated version- as subsequently amended up to 1 November 2022

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Appeals to the Upper Tribunal

Receiving the First Tier Tribunal decision
  • HMCTS will send you the outcome of your First Tier Tribunal decision in writing.
  • If you disagree with the tribunal’s decision, request a ‘Statement of Reasons (SoR) and Record of Proceedings (RoP)’
  • A Statement of Reasons is the full written explanation from the tribunal judge, showing how and why they reached their decision.
  • You may need this if you are considering an appeal to the Upper Tribunal (which only accepts appeals on points of law).
Statement of Reasons (SoR) and Record of Proceedings (RoP)

 When to request it

Why people request it

Even if you don’t plan to appeal further, a SoR can help you understand:

  • How the tribunal interpreted your evidence
  • What issues might matter in future reviews or reassessments

How to make the request (for both SoR and RoP)

You can request both documents by:

  • Writing to HMCTS using the address on your tribunal decision notice, or
  • Submitting your request through your online appeal account (if used)

Your request should include:

  • Your name
  • National Insurance number
  • Appeal reference number
  • Date of tribunal hearing

A statement such as:

  • “I am requesting the full Statement of Reasons for the Tribunal’s decision.”
  • “I am requesting a copy of the Record of Proceedings.”
 
Step‑by‑Step Guide: Appealing to the Upper Tribunal 

Appealing to the Upper Tribunal (Administrative Appeals Chamber) is only possible if you believe the First‑tier Tribunal made a legal error, not simply because you disagree with the outcome.
Legal errors include:

  • Failing to give proper reasons
  • Failing to consider relevant evidence
  • Incorrectly applying the law

STEP 1 — Request a Statement of Reasons (SoR) – see above

You must first ask the First‑tier Tribunal for the full written reasons for their decision.

Deadline: within 1 month of the tribunal decision.
The SoR explains:

  • How the panel reached its decision
  • What evidence and law they relied on

This document is essential because you cannot identify legal errors without it.

STEP 2 — Request the Record of Proceedings (optional but recommended) – see above

A Record of Proceedings is the tribunal’s official notes of what occurred in the hearing. You can request it in writing within 18 months of the decision.
This helps identify procedural errors, such as:

  • Evidence not recorded
  • Incorrect submissions noted
  • Skipped procedural steps

STEP 3 — Identify a Possible Error of Law

After receiving the SoR (and Record of Proceedings if obtained), check for legal errors such as:

  • Failure to follow tribunal procedure rules
  • Ignoring important evidence
  • Misinterpreting legislation

Help may be available through Citizens Advice, Child Poverty Action Group (CPAG), Advicelocal, and potential legal aid.

STEP 4 — Apply to the First‑tier Tribunal for Permission to Appeal

Before the Upper Tribunal can consider your case, you must submit an application for permission to appeal to the First‑tier Tribunal itself.
Your application must include:

  • The decision you are appealing
  • The Statement of Reasons
  • The legal error you believe occurred
  • Supporting evidence and explanation

If the First‑tier Tribunal grants permission, your case proceeds to the Upper Tribunal.
If it refuses, go to Step 5.

STEP 5 — If Refused, Apply Directly to the Upper Tribunal

If permission is denied by the First‑tier Tribunal, you can apply directly to the Upper Tribunal for permission.
Your application to the Upper Tribunal must include:

  • The First‑tier Tribunal’s refusal notice
  • The original SoR
  • The alleged legal error(s)
  • A detailed explanation of why permission should be granted

STEP 6 — Await the Upper Tribunal’s Decision on Permission

The Upper Tribunal may:

  • Grant permission
  • Refuse permission
  • Request additional documents
  • Schedule a preliminary hearing

If permission is granted, your appeal moves forward.

STEP 7 — Upper Tribunal Appeal Hearing

If your appeal proceeds:

  • A judge will review the case for legal errors only
  • The judge may hold an oral hearing or decide on papers

The Tribunal may:

  • Uphold the original decision
  • Set aside the decision and re‑make it
  • Send the case back for a completely new hearing

STEP 8 — Receive the Upper Tribunal Decision

You will receive a written decision explaining:

  • What legal issues were found
  • Whether the original decision stands
  • What happens next (e.g., rehearing, new decision, end of matter)

You may be able to appeal to the Upper Tribunal if you think there was a legal mistake (Error in Law) with a decision made against you.

Get help with your appeal

You can read more detail about the appeal process.

Help may be available through Citizens Advice, Child Poverty Action Group (CPAG), Advicelocal, and potential legal aid.

Contact the tribunal

Upper Tribunal (Administrative Appeals Chamber)
George House
126 George Street
Edinburgh
EH2 4HH

UTAACMailbox@justice.gov.uk
Telephone: 0131 271 4310

 

Case Law & Research Tools for Advisers

For UT Case Law

Other Analysis

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Errors in law

The purpose of this information is to provide basic guidance on how to identify whether your client has grounds to appeal a decision of an Appeal Tribunal.

Appeals to the Upper Tribunal can raise complex legal matters and representatives will often be required to make written and oral submissions on the law. It is not a quick process and can take many months.

Advice and assistance may be available at:

What is meant by error of law?

You can only appeal from an appeal tribunal  on the grounds of ‘error of law’.

The tribunal may have erred in law if it:

  1. Misinterpreted the law

  2. Reached a decision unsupported by evidence

  3. Failed to take into account and/or resolve conflicts of fact or opinion on material matters

  4. Gave weight to immaterial matters

  5. Made a mistake on a material fact.

  6. Acted in a procedurally unfair way

  7. Failed to give adequate reasons for its decision

Only material errors matter

  • The error of law must have been material to the tribunal’s decision. In other words, if the error of law would not have made a difference to the outcome of the appeal, it does not matter.
How do I identify an error of law?

When you receive the appeal tribunal’s statement of reasons and record of proceedings, read through these documents carefully and compare them to your notes of the hearing. If there is anything that stands out as being incorrect, different to your recollection of proceedings or missing, there may be an arguable error of law.

 

It can be difficult to identify errors of law, particularly if you are not used to reading case law and pieces of legislation.

1. The tribunal misinterpreted the law

The law that applies to your client’s case is found in legislation and case law. For example:

What to look out for

In assessing if the tribunal has misinterpreted the law, consider the following:

  • Has the tribunal correctly interpreted and applied the statutory definition of words and phrases?

    • You can find the correct meaning of words and phrases in the interpretation section of most pieces of legislation.

    • Case law clarifies how words and phrases should be interpreted and applied. If you are unsure, try searching for the word or phrase on pipinfo.com or wcainfo.com and see what comes up.

    • Some words and phrases that can be misinterpreted and misapplied are ‘engage socially’, ‘social support’, ‘safely’ etc.

  • Has the tribunal applied a piece of legislation to your client’s case which was not in force at the time your client’s case arose?

    • You can check whether a piece of legislation was in force at the relevant time at Legislation.gov.uk.

  • Has the tribunal applied case law which is in conflict with a superior court decision, for example a decision of the Court of Appeal or Supreme Court?

  • Do you feel that the outcome of the tribunal’s decision resulted in your client being treated differently because of their gender, nationality, disability, sexuality, ethnicity, religion or other status?

Example:

If the Tribunal have used the wrong  criteria – as you probably know, ADP is based on a points system- with points  being awarded for certain activities is accordance with how you can/can’t do the activity.

So for example, (and here the guides will explain exactly what the test is for each activity section.) – if the tribunal said ‘he can prepare baked beans on toast therefore he can prepare food = 0 points.’ this would be an error of law, this is because the correct test for Descriptor 1 – preparing food – is to prepare a simple cooked meal for one using fresh ingredients’. Baked beans and toast are  ready-prepared and not fresh ingredients, which would include meat and vegetables – peeling chopping etc

2. The tribunal reached a decision unsupported by evidence

The tribunal’s record of proceedings and statement of reasons are important in considering if this ground of appeal applies. You will need to consider if the conclusions reached by the tribunal are supported by the evidence.

What to look out for:

  • Did the tribunal consider all relevant evidence, particularly medical evidence?

  • Did the tribunal consider evidence that post-dated the Department’s decision?

  • Did the tribunal refuse to hear from a relative or friend of the claimant?

  • In its statement of reasons, did the tribunal refer to evidence that is not reported in the record of proceedings?

  • If you were at the hearing, do you have notes about evidence which is not recorded in the record of proceedings or mentioned in the statement of reasons?

3. The tribunal failed to take into account and/or resolve conflicts of fact or opinion on material matters

The tribunal’s statement of reasons might indicate it heard conflicting evidence as part of your client’s appeal. For example, the report of the health assessor might conflict with a GP or a consultant report. The tribunal should indicate which source of evidence it preferred and why.

What to look out for:

  • Did the report of the health assessor conflict with the report of a GP, who has known the claimant for a long time, or a consultant, who has specialist knowledge of the claimant’s condition? Did the tribunal identify the conflict?

  • Did its reasons address the conflict and explain why it preferred, accepted or rejected evidence?

  • Did the tribunal prefer the evidence of a health assessor even though it conflicted with the claimant’s prescribed medication or ongoing therapy or medical intervention?

  • Did the tribunal fail to deal with evidence raised by the claimant in respect of an ESA award when considering a ADP appeal or vice versa?

Example:

Error of fact – if throughout the tribunal and within all the papers in the appeal bundle you said ‘I can not walk more than 20 metres‘. but the Tribunal said ‘Appellant is clear, and says that he can walk over 200m = 0 points‘ this would clearly be an error of fact, which becomes an error of law because the tribunal’s decision is not based on correct evidence. No tribunal could correctly make that decision.

4. The tribunal gave weight to immaterial matters

The tribunal’s statement of reasons might indicate that it took into account or gave undue weight to matters when it should not have done. For example, in assessing the claimant’s capability for work, the tribunal might have given undue weight to the claimant’s voluntary work. When assessing the claimant’s ability to communicate, the tribunal might have given undue weight to their ability to lip read.

What to look out for:

  • Has the tribunal given undue weight to aspects of the claimant’s lifestyle which you do not consider relevant?

  • Has the tribunal given undue weight to the claimant’s appearance at the appeal hearing?

  • Has the tribunal given undue weight to things the claimant did in the past, for example a holiday?

  • Has the tribunal given undue weight to things the claimant has done since the date of decision, for example moving to live independently?

5. The tribunal made a mistake on a material fact

The tribunal’s statement of reasons might reveal that it was mistaken about a particular fact. This will only be considered an error of law if it was not caused by the claimant or their representative and if unfairness resulted.

What to look out for:

  • Did the tribunal make a mistake about your client’s medical conditions?

  • Did the tribunal make an incorrect assessment of the length of a journey or the location of a place?

  • Did the tribunal make a mistake as to your client’s living arrangements?

6. The tribunal acted in a procedurally unfair way

This ground is concerned with whether the tribunal followed correct procedure when hearing the claimant’s case.

The tribunal should follow the procedure set out in:

The tribunal should also ensure the claimant’s right to a fair hearing under Article 6 ECHR and it should adhere to principles of natural justice such as:

  • The rule against bias

  • The right to a fair hearing, including the right of your client to present and challenge evidence.

What to look out for:

  • Did the tribunal proceed in your client’s or their representative’s absence without giving them a proper opportunity to attend the hearing?

  • Did the tribunal rely on evidence that your client or their representative did not see or have an opportunity to challenge?

  • Did the tribunal give your client or their representative an opportunity to properly participate in the hearing?

  • Did your client have previous dealings with any of the panel members?

  • Does the claimant have particular vulnerabilities which you feel were not accommodated during the hearing? For example, do they need an interpreter but none was provided?

  • Do you feel the tribunal treated your client differently because of their gender, nationality, disability, sexuality, ethnicity, religion or other status?

  • Did the tribunal proceed with the hearing even though your client has another linked appeal before the Commissioner or outstanding criminal proceedings in relation to the same facts?

  • Has the tribunal considered evidence that was obtained illegally or improperly?

Example:

Was the procedure correct – were you allowed to speak and give evidence freely, was there a bias?

So for example, if the tribunal said ‘we are running late, you have 1 minute to put your case, please hurry up!‘ This might suggest that the tribunal were not really giving you a chance to speak, or there might be something more obvious – so if they asked you where you came from, and you answered ‘I live in Aberdeenshire‘, and you heard the the tribunal judge then say ‘ well, all the people in Aberdeenshire are time wasters, and shouldn’t claim benefits’, this would suggest that the judge is bias, which could be an error of law.Was the tribunal properly constituted, were you given proper notice of the hearing? These are all procedural errors and if breached are likely to be errors of law that can be appealed.

7. The tribunal failed to give adequate reasons for its decision

The statement of reasons is important in identifying if this ground applies. From the statement of reasons, the client should be able to understand why they have not been successful in their appeal.

What to look out for:

  • Does the statement of reasons adequately explain why the tribunal reached a certain decision?

  • In an ADP appeal, does the statement of reasons deal with all the descriptors in dispute? Does it deal with the daily living components and mobility components separately?

  • If the tribunal has made a decision on procedure which is disadvantageous to your client, has it given sufficient detail to explain why it made that decision?

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Information

These govern the entitlement rules and decision/appeal processes:

  • Social Security Contributions and Benefits Act 1992
  • Social Security Administration Act 1992
  • Welfare Reform Act 2012
  • Decisions and Appeals Regulations 1999 & 2013
    Available on Legislation.gov.uk (official statutory database).
Guides

Public Law Project – Guide to Making a social security appeal

This guide is intended for individuals who are attending the First-Tier Tribunal for an appeal against a decision taken about a benefit. There is also a short section on appeals in the Upper Tribunal.

 

An adviser guide to personal independence payment regulations & case law – pipinfo

 

An adviser guide to work capability assessment regulations & case law – wcainfo

Public Law Project – The Basics of Tribunal Representation

Have you ever made an application to a tribunal and failed to get what you wanted? Have you ever wondered why? Have you ever thought about how you could have done better? If you have answered yes to any of those questions , this guide is for you. Using specific examples and this handy guide will help you to:

  • Know what the rules say

  • Know what the rules mean

  • Know what you have to do

  • Know how to get what you want

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