Challenging Benefit Decisions

Challenging Benefit Decisions

Decisions on different benefits are taken by different agencies and the timescales for challenging are all slightly diff rent. In most cases you will need to go through a mandatory reconsideration or redetermination before you can lodge an appeal:

• for DWP decisions, the time limit for doing so is one calendar month in which to lodge the mandatory reconsideration and then another calendar month from the date of the new decision to lodge an appeal 
• for HMRC decisions, the time limit is 30 days in which to lodge the mandatory reconsideration and then one calendar month from the date of the new decision in which to lodge an appeal 
• for Social Security Scotland decisions there are 42 days in which to lodge a request for a redetermination and then 31 days from the date of the new decision to lodge an appeal
• for Housing Benefit and Council Tax Reduction decisions there is one calendar month in which to lodge an appeal. There is no requirement to go through a reconsideration or redetermination.

The time limits start on the date the decision is posted to you and the time limit ends on the date it is received back in the appropriate office. Where a deadline has been missed there is scope to make a late request or appeal where there are special reasons for why it is late.

If you are a Glasgow resident then you can be represented by one of our Welfare Rights Officers. If you have not already indicated on your appeal letter or SSCS1 form that you are to be represented by the City Council Welfare Rights you will need to phone us 0141 287 8732 and we can advise how to arrange this. 

The links below will take you to either online forms or printable letters to help you lodge a challenge to a decision

For DWP and HMRC decisions use the following links

• mandatory reconsideration
• Notice of appeal

Making an appeal against Housing or Council Tax Benefit/Reduction decision 

An appeal should be made in writing, including the reasons to the same address. An Appeals Officer will consider the decision and, if it cannot be changed to your advantage, this will be forwarded to the Tribunals Service for an independent hearing. An appeal should be sent to Glasgow City Council, P.O. Box 36, Glasgow, G1 1JE. 

Social Security Scotland

There are several different forms that Social Security Scotland have created to help challenge decisions relating to the benefits that they administer. Social Security Scotland allow 42 days for you to lodge a request for redetermination and 31 days in which to lodge an appeal

• Child Disability Payment re-determination form
• Child Disability Payment re-determination form including claim for short term assistance    
• Child Disability Payment Appeal form
• Child Disability Payment Appeal form including claim for short term assistance    
• Adult Disability Payment re-determination form
• Adult Disability Payment re-determination form including claim for short term assistance
• Adult Disability Payment appeal form
• Adult Disability Payment appeal form including claim for short term assistance
• Redetermination form used for challenging other Scottish Benefits
• Appeal form used to appeal other Scottish Benefits
• Appeal form for challenging Process decisions

We have written a briefing that provides a more detailed look at challenging Social Security Scotland decisions