FM/CFS/ME RESOURCES - UK Disability Living Allowance
 



 




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 UK DISABILITY LIVING ALLOWANCE

UK Disability Plans Online:http://www.direct.gov.uk/
Helpline: 08457 123 456
Text Phone: 08457 224 433
E-Mail: DCPU.Customer-Services@dwp.gsi.gov.uk

This section will help you learn about the range of benefits, tax credits and other disability-related financial support you may be able to get.

Disability Living Allowance (DLA)
Disability Living Allowance - sometimes referred to as DLA - is a tax-free benefit for children and adults who need help with personal care or have walking difficulties because they are physically or mentally disabled. You must claim before you reach age 65.
 Read Questions And Answers Here

Attendance Allowance (AA)
Attendance Allowance (AA) is a tax-free benefit for people aged 65 or over who need help with personal care because they are physically or mentally disabled.
 Read Questions And Answers Here

Incapacity Benefit (IB)
If you can't work because of illness or disability you may be able to get Incapacity Benefit (IB), a weekly payment for people who become incapable of work while under State Pension age. It is paid in three weekly rates depending on how long you've been unable to work.
 Read Questions And Answers Here

This page provides the answers to some of the more frequently asked questions about Social Security Disability. Click on the section above that you'd like to learn more about.

Contact us if you have any questions.


 UK Disability Living Allowance
To get Disability Living Allowance you must be in Great Britain, or be treated as living here, and meet certain other conditions about your residence and presence.

You must:

  • Be normally resident in Great Britain (England, Scotland, Wales), and

  • Not be subject to immigration control, and

  • Be in Great Britain when you make your claim, and

  • Have been in Great Britain, Northern Ireland, the Isle of Man, Jersey or Guernsey for at least 26 weeks out of the last 52 weeks (the period is 13 weeks for babies under 6 months old and does not apply at all for people paid under special rules).

Time spent living in another European Economic Area country may in some cases be treated as a period in Great Britain for the purposes of the 26-week rule.

You may be treated as living in Great Britain if you are:

  • A member of HM Armed Forces serving abroad or member of their family

  • A mariner or airman working abroad

  • Working on the United Kingdom sector of the continental shelf (for example, on an oil rig)

 Disability Living Allowance Questions

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Who Can Get Disability Living Allowance?

ANSWER: You may get Disability Living Allowance if:

  • You have a physical or mental disability, or both

  • You are under 65 when you claim

  • Your disability is severe enough for you to need help caring for yourself or you have walking difficulties, or both

If you are aged 65 or over, you may be able to get Attendance Allowance. You can get Disability Living Allowance whether or not you work. It isn't usually affected by any savings or income you may have.

Special Rules - If You Are Terminally Ill
If you have a progressive disease and you are not expected to live for more than another six months there are special rules for claiming to make sure you get your benefit more quickly and easily.

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How Much Do You Get?

ANSWER: Disability Living Allowance has two parts called "components":

  • A Mobility Component - if you can't walk or need help getting around
  • A Care Component - if you need help looking after yourself or supervision to keep you safe

Some people will be entitled to receive just one component; others may get both. The care component and mobility component are paid at different rates depending on how your disability affects you.

 Disability Living Allowance Rates
Care Component Weekly Rate
Highest Rate £64.50
Middle Rate £43.15
Lowest Rate £17.10
Mobility Component Weekly Rate
Higher Rate £45.00
Lower Rate £17.10

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How Is It Paid?

ANSWER: Disability Living Allowance is normally paid directly into any account of your choice which accepts Direct Payment of benefits. This might be a bank, building society or other account provider.

You may be able to get someone else to collect your Disability Living Allowance if you wish. For help with this please contact your bank, building society or other account provider.

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How Do I Make A Claim?

ANSWER: Make your claim right away - if you delay you may lose benefits.

You can claim online or you can get a claim pack by:

  • Phoning the Benefit Enquiry Line
  • Contacting your local Jobcentre Plus office or local social security office
  • Downloading the form from the government web site

There are two forms - one if you're claiming for someone aged 16 or over and another if you're claiming for someone aged under 16.

In April 2007 a new Disability Living Allowance (adult) claim form was introduced. Work is ongoing to develop the online version, which will be made available as soon as possible. In the mean time you can still claim online or you can download the new claim form the government web site.

Claim Online
To claim Disability Living Allowance online use the link below and follow the on-screen instructions.

Call The Benefit Enquiry Line
This is a confidential free phone service for disabled people and carers. You can call the Benefit Enquiry Line and ask them to send you a claim pack. They can send you the claim pack in an alternative format if required - for example, Braille.

They can also arrange for someone to help you fill out the form if required. Please note that the person you speak to may need to arrange for someone to phone you back.

Telephone: 0800 88 22 00

Text phone: 0800 24 33 55

The Benefit Enquiry Line is open 8.30 am to 6.30 pm Monday to Friday and 9.00 am to 1.00 pm Saturday. If you request a form from the Benefit Enquiry Line, the date of request will be treated as your date of claim from which Disability Living Allowance can be paid, as long as the form you receive is returned within six weeks of that date. If you delay making a claim, you may lose out on benefits.

The person taking your call will not have your personal papers but will be able to give you general advice. This advice must not be taken as a decision about your claim.

Contact Your Local Jobcentre Plus Office
If you request a form from your local Jobcentre Plus office or local social security office, the date of request will be treated as your date of claim from which Disability Living Allowance can be paid, as long as the form you receive is returned within six weeks of that date. If you delay making a claim, you may lose out on benefit.

Download A Claim Form To Print At Home
You can also download a claim form to print off and fill in using a pen. Each form comes with notes that will help you fill it in and tell you where to send it. In either case, the date of the claim will be established as the date on which it is received by your local office.

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Will I Need a Medical Examination?

ANSWER: You will not usually need a medical examination when you claim for Disability Living Allowance. However, sometimes a medical examination is necessary.

A medical examination involves an interview and sometimes a medical examination with a doctor who has completed specialized training in disability and benefit awareness.

The medical examination is likely to be different from what you would expect from your own doctor. The Medical Services doctor's examination is not to diagnose or discuss treatment of your medical condition; it is to assess how your condition affects you and the doctor may not need to carry out a physical examination.

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Who's Involved In A Medical Examination?

ANSWER: The people and organizations involved in the medical examination process are:

  • The Disability and Carers Service (DCS) - who are part of the Department for Work and Pensions - who handle benefit claims

  • Medical Services, who org anise medical examinations on behalf of DCS

  • The 'decision-maker' - a non-medical person within DCS who is responsible for making a decision on your benefit claim

  • The Examining Medical Practitioner (EMP) - the doctor who carries out the medical examination

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Why Have I Been Asked For A Medical Examination?

ANSWER: You may have been asked for a medical examination for several reasons. It doesn't mean the information you've provided on your claim form is being treated as suspicious or that your claim will be turned down. One of the reasons for a medical examination may be to check you're receiving the full amount of benefit you're entitled to.

When you first apply for Disability Living Allowance, you are sent a claim form to complete. Your completed claim form is assessed by the decision-maker, who must decide:

  • Whether to approve your claim

  • How much benefit you're entitled to receive

  • Whether you're entitled to one or both of the benefit's two components (the mobility component and the care component), and

Decision-makers may ask for a medical examination if they need more information before they can make a decision, or they're unsure about any details.

The decision-maker can approve your claim without a medical examination if they're happy with the information that they have obtained.

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How Do I Appeal?

ANSWER: When the benefits office sends you a letter about their decision, if you do not agree, you can ask them to explain or reconsider it. If you're unhappy with a reconsidered decision you can appeal.

You can ask for an explanation or reconsideration of every decision, but some benefit decisions cannot be appealed. For example, you can't appeal against decisions on Budgeting Loans, Community Care Grants or Crisis Loans. The decision letter will make it clear if it can't be appealed.

You have one month:

  • After getting a decision to ask for it to be explained, reconsidered or to appeal
  • After getting a reconsidered decision to start an appeal

A late appeal may be accepted if you have special circumstances that prevented you appealing in time, but not if more than 13 months have passed.

Information on how to appeal is normally included in the decision letter. In most cases, it involves filling in the appeal form in the leaflet: "If You Think Our Decision Is Wrong" and posting it to the benefits office dealing with your claim.

You can pick up the leaflet at your local benefits office or download it, below, from the Department for Work and Pensions web site.

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Who Hears The Appeal?

ANSWER: Appeals are heard by a tribunal; a panel of up to three members, one of whom is legally qualified.

There are two kinds of tribunal hearing:

  • Oral hearing - where you or your representative can attend to discuss your appeal

  • Paper hearing - where you or your representative do not appear and the case is decided on the written evidence

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Can I Get Help With My Appeal?

ANSWER: Yes. Some organizations offer help and advice (some for free) with your appeal, including:

The CAB will help you fill in forms and may accompany you to the hearing. Or you could ask an adviser, friend or family member to appeal on your behalf.

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What Happens If I Lose My Appeal?

ANSWER: If you don't agree with the tribunal's decision, you can only challenge it if:

  • You didn't get a document that was used at the hearing
  • You weren't present at the hearing although you wanted to be

But if you think the tribunal made a mistake in how they applied the law, you can ask for permission to appeal to a Social Security or Child Support Commissioner.

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 UK Attendance Allowance

To get Attendance Allowance you must be in Great Britain, or be treated as living here, and meet certain other conditions about your residence and presence.

You must:

  • Be normally resident in Great Britain (England, Scotland, Wales), and

  • Not be subject to immigration control, and

  • Be in Great Britain when you make your claim, and

  • Have been in Great Britain, Northern Ireland, the Isle of Man, Jersey or Guernsey for at least 26 weeks out of the last 52 weeks (the period does not apply at all for people paid under the special rules).

Time spent living in another European Economic Area country may in some cases be treated as a period in Great Britain for the purposes of the 26-week rule.

You may be treated as living in Great Britain if you are:

  • A mariner or airman working abroad

  • A member of HM Armed Forces serving abroad or member of their family

  • Working on the United Kingdom sector of the continental shelf (for example, on an oil rig)

 Attendance Allowance Questions

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Who Can Get Attendance Allowance?

ANSWER: You may get Attendance Allowance if:

  • You are aged 65 or over when you claim
  • You have a physical or mental disability, or both
  • your disability is severe enough for you to need help caring for yourself

If you are under age 65, you may be able to get Disability Living Allowance. Attendance Allowance is not usually affected by any savings or income you may have.

Special Rules - If You Are Terminally Ill
If you have a progressive disease and you are not expected to live for more than another six months there are special rules for claiming to make sure you get your benefit more quickly and easily.

You will not usually need a medical examination when you claim for Attendance Allowance.

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How Much Do You Get?

ANSWER: The amount you get depends on how much your disability affects you. There are two rates of Attendance Allowance.

 Attendance Allowance Rates
Attendance Allowance Weekly Rate
Higher Rate £64.50
Lower Rate £43.15

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How Is It Paid?

ANSWER: Attendance Allowance is normally paid directly into any account of your choice which accepts Direct Payment of benefits. This might be a bank, building society or other account provider.

You may be able to get someone else to collect your Attendance Allowance if you wish. For help with this please contact your bank, building society or other account provider.

If you would like more information about how you can be paid by other means please contact the office dealing with your claim.

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How Do I Make A Claim?

ANSWER: Make your claim right away - if you delay you may lose benefits.

You can claim online or you can get a claim pack by:

  • Phoning the Benefit Enquiry Line
  • Downloading the form from the government web site.

Claim Online
To claim Attendance Allowance online use the link below and follow the on-screen instructions.

Call The Benefit Enquiry Line
This is a confidential free phone service for disabled people and carers. You can call the Benefit Enquiry Line and ask them to send you a claim pack. They can send you the claim pack in an alternative format if required - for example, Braille.

They can also arrange for someone to help you fill out the form if required. Please note that the person you speak to may need to arrange for someone to phone you back.

Telephone: 0800 88 22 00

Text phone: 0800 24 33 55

The Benefit Enquiry Line is open 8.30 am to 6.30 pm Monday to Friday and 9.00 am to 1.00 pm Saturday. If you request a form from the Benefit Enquiry Line, the date of request will be treated as your date of claim from which Disability Living Allowance can be paid, as long as the form you receive is returned within six weeks of that date. If you delay making a claim, you may lose out on benefits.

The person taking your call will not have your personal papers but will be able to give you general advice. This advice must not be taken as a decision about your claim.

Download A Claim Form To Print At Home
You can also download a claim form to print off and fill in using a pen or complete the form on your computer and print off. The form comes with notes that will help you fill it in and tell you where to send it. We will treat the day we get your form back as the date of your claim.

If you are going to complete the form on your computer, we recommend that you save the form on your computer before completing it: to do this simply right click with your mouse on the link below and choose the "Save Target As" option. (You cannot save the form once you've opened it in an internet browser.

Once you have filled in the form, you can print and sign it.

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How Do I Appeal A Benefits Decision?

ANSWER: If you think a decision about your benefits is wrong, you can ask the office that made the decision to explain it. You can also ask to get the decision reconsidered and, if you're still unhappy, you can appeal against the decision to an independent tribunal.

When the benefits office sends you a letter about their decision, if you do not agree, you can ask them to explain or reconsider it.

If you're unhappy with a reconsidered decision you can appeal. You can ask for an explanation or reconsideration of every decision, but some benefit decisions cannot be appealed. For example, you can't appeal against decisions on Budgeting Loans, Community Care Grants or Crisis Loans. The decision letter will make it clear if it can't be appealed.

You have one month:

  • After getting a decision to ask for it to be explained, reconsidered or to appeal
  • After getting a reconsidered decision to start an appeal

A late appeal may be accepted if you have special circumstances that prevented you appealing in time, but not if more than 13 months have passed.

Information on how to appeal is normally included in the decision letter. In most cases, it involves filling in the appeal form in the leaflet: "If You Think Our Decision Is Wrong" and posting it to the benefits office dealing with your claim.

You can pick up the leaflet at your local benefits office or download it, below, from the Department for Work and Pensions web site.

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Who Hears The Appeal?

ANSWER: Appeals are heard by a tribunal; a panel of up to three members, one of whom is legally qualified.

There are two kinds of tribunal hearing:

  • Oral hearing - where you or your representative can attend to discuss your appeal

  • Paper hearing - where you or your representative do not appear and the case is decided on the written evidence

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Can I Get Help With My Appeal?

ANSWER: Yes. Some organizations offer help and advice (some for free) with your appeal, including:

The CAB will help you fill in forms and may accompany you to the hearing. Or you could ask an adviser, friend or family member to appeal on your behalf.

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What Happens If I Lose My Appeal?

ANSWER: If you don't agree with the tribunal's decision, you can only challenge it if:

  • You didn't get a document that was used at the hearing
  • You weren't present at the hearing although you wanted to be

But if you think the tribunal made a mistake in how they applied the law, you can ask for permission to appeal to a Social Security or Child Support Commissioner.

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 UK Incapacity Benefit

If you can't work because of illness or disability you may be able to get Incapacity Benefit (IB), a weekly payment for people who become incapable of work while under State Pension age.


 UK Incapacity Benefit Questions

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Who Is Eligible?

ANSWER: You may be able to claim Incapacity Benefit if any of the following apply to you:

  • You are self employed or unemployed

  • You were under State Pension age when you became sick

  • Your Statutory Sick Pay has ended, or you cannot get it

  • You have been getting Statutory Maternity Pay (SMP) and have not gone back to work for your employer because you are incapable of work

You must also have been:

  • Getting special medical treatment

  • Paying National Insurance Contributions

  • Unable to work for two or more days out of seven consecutive days

  • Unable to work due to sickness or disability for at least four days in a row (including weekends and public holidays)

or you must:

  • Be aged between 16 and 20 (or under 25 if you were in education or training at least three months immediately before turning 20)

  • Have been too ill to work because of sickness or disability for at least 28 weeks

  • Have been too ill to work before you turned 20 (or 25 if you were in education or training at least three months immediately before turning 20)

If You've Been Living or Working Abroad
Living or working abroad can affect your Incapacity Benefit claim. But you may be able to claim if you've either:

  • Paid enough UK National Insurance Contributions (NIC's) in the past (and the equivalent in certain other countries - ask your local Jobcentre Plus office for details)

  • Worked abroad for an employer based in the UK and paid NIC's for the first 52 weeks of that employment

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How Much Do You Get?

ANSWER: Incapacity Benefit is paid at three weekly rates:

  • Short-term (lower) IB is paid for the first 28 weeks
  • Short-term (higher) IB is paid from weeks 29 to 52
  • Long-term IB is paid from week 53

Current weekly amounts:

Weekly Rate Amount Over State Pension Age
Short-Term (lower rate) £61.35 £78.05
Short-Term (higher rate) £72.55 £81.35
Long-Term Basic Rate £81.35 Not Eligible Long-Term Basic Rate IB

You may be able to get an "age addition" with your long-term Incapacity Benefit if you were under 45 when you became too ill or disabled to work. You may be able to get extra benefit for your spouse or civil partner or the person who looks after your children.

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How Is It Paid?

ANSWER: Incapacity Benefit is paid into your bank, building society, Post Office or National Savings account - in other words, any account that accepts Direct Payment.

If you're registered blind or need someone who cares for you to collect your money, your payment can be sent by cheque to be cashed at the Post Office.

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How Do I Make A Claim?

ANSWER: Make your claim right away - if you delay you may lose benefits.

You can claim online or you can get a claim pack by:

  • Contacting Your local Jobcentre Plus Office
  • Downloading the claim form from the Department for Work and Pensions web site.

Claim Online
To claim Incapacity Benefit online use the link below and follow the on-screen instructions.

Download A Claim Form To Print At Home
You can also download a claim form to print off and fill in using a pen or complete the form on your computer and print off. The form comes with notes that will help you fill it in and tell you where to send it. We will treat the day we get your form back as the date of your claim.

Once you have filled in the form, you can print and sign it.

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What Is A Personal Capability Assessment?

ANSWER: A Personal Capability Assessment (PCA) is the main assessment for Incapacity Benefit claims. An approved Disability Analyst, who has been trained in handling Incapacity Benefit claims, will assess your claim and provide advice to the Department for Work and Pensions (DWP), who are responsible for benefit claims.

The analyst may recommend that you attend a medical examination if they feel they need more information about your condition.

The PCA applies:

  • From the 29th week of incapacity in all other cases

  • As soon as you claim if you haven't worked in a job for at least eight of the previous 21 weeks

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What Is Involved In A Personal Capability Assessment?

ANSWER: When you make a claim for Incapacity Benefit, you have to complete a questionnaire about how your disability or illness affects your ability to complete everyday tasks. Your own doctor may be asked to provide a medical report.

An approved Disability Analyst will consider the questionnaire and any medical reports, along with any other information you may have provided. If the analyst feels that the DWP will need more information before they can make a decision on your benefit claim, they will recommend that you attend a medical examination.

You can do some work while claiming Incapacity Benefit, within limits. This is called "Permitted Work" and it allows you to test your own capacity for work and perhaps gain new skills.

You won't need to have a medical examination just because you have started doing permitted work. However, if you're asked to attend a medical examination for some other reason, the fact that you're doing permitted work will not count against your claim.

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What Is Considered "Permitted Work"?

ANSWER: You cannot usually work while you are getting Incapacity Benefit because of illness or disability. However, you may be able to do some types of work - within limits. This is called "Permitted Work" and it allows you to test your own capacity for doing some work and perhaps gain new skills. You should check with your local Jobcentre or Jobcentre Plus office before you start.

Permitted Work is a benefit arrangement - employers do not offer "permitted work". You do not need approval from your doctor or have to have a medical test just because you are doing permitted work. However, if a medical test is due as part of your ongoing benefits-related review, it will go ahead as planned.

You can work:

  • For earnings of up to and including £20.00 a week for an unlimited period, or

  • For less than 16 hours a week, on average, with earnings up to and including £88.50 a week for a 52 week period

  • For less than 16 hours a week, on average, and earn up to and including £88.50 a week for as long as your illness or disability is considered sufficiently severe that you are treated as meeting the threshold of incapacity without undergoing a medical assessment

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What Is Involved In A Medical Examination?

ANSWER: You may have been asked to attend a medical examination for a number of reasons. It is often because more medical information is needed before your claim can be approved. It doesn't mean the information you've provided on your claim form is being treated as suspicious or that your claim will be turned down.

Your benefit claim will not be turned down without you either having a medical examination or being offered one.

The medical examination will usually take place at one of the Medical Examination Centres (MEC's) near where you live. However, if you're unfit to travel or you live more than 90 minutes journey from the nearest centre, the doctor may visit you at home.

You will be given notice of your appointment and the chance to change it if the time doesn't suit you. It's very important to attend your medical examination as your benefit may be affected if you don't.

If for any reason you can't attend, you should contact the MEC beforehand and arrange another appointment.

You have the right to:

  • Ask for an interpreter if you need one
  • Ask to be examined by a doctor of the same gender as yourself
  • Have a friend, relative or support worker with you at the medical examination

You need to let the MEC know ahead of time if you want an interpreter or same-gender doctor. They will try to find one for you, although this may not always be possible in some areas.

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What Happens After The Medical Exam Is Completed?

ANSWER: After your Incapacity Benefit medical examination, the doctor's report is sent to the person at the Department for Work and Pensions (DWP) who is responsible for making a decision on your claim.

The decision-maker will consider the report along with all the other information provided for your claim and decide whether you are entitled to Incapacity Benefit and at what rate it should be paid. You will receive a letter stating their decision.

All the medical information related to your claim, including the doctor's report from the medical examination, is confidential and will not be released to anyone outside the DWP. You can ask to be sent a copy of the doctor's report at any time.

Sometimes the doctor may want to send some information about your medical examination to your GP. In that case, Medical Services, who org anise medical examinations on behalf of DWP, will write to you and ask whether you agree to them giving your GP the information.

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What Can I Do If I'm Not Happy With Their Decision?

ANSWER: If you think the decision about your benefit claim is wrong, or you don't understand it, you can:

  • Ask the office who made the decision to explain it
  • Ask to have the decision reconsidered by another decision-maker
  • Appeal against the decision to an independent tribunal

When the benefits office sends you a letter about their decision, if you do not agree, you can ask them to explain or reconsider it.

If you're unhappy with a reconsidered decision you can appeal. You can ask for an explanation or reconsideration of every decision, but some benefit decisions cannot be appealed.

For example, you can't appeal against decisions on Budgeting Loans, Community Care Grants or Crisis Loans. The decision letter will make it clear if it can't be appealed.

You have one month:

  • After getting a reconsidered decision to start an appeal
  • After getting a decision to ask for it to be explained, reconsidered or to appeal

A late appeal may be accepted if you have special circumstances that prevented you appealing in time, but not if more than 13 months have passed.

Return to top of page

How Do I Appeal?

ANSWER: Information on how to appeal is normally included in the decision letter. In most cases, it involves filling in the appeal form in the leaflet: "If You Think Our Decision Is Wrong" and posting it to the benefits office dealing with your claim.

You can pick up the leaflet at your local benefits office or download it, below, from the Department for Work and Pensions web site.

Return to top of page

Who Hears The Appeal?

ANSWER: Appeals are heard by a tribunal; a panel of up to three members, one of whom is legally qualified.

There are two kinds of tribunal hearing:

  • Oral hearing - where you or your representative can attend to discuss your appeal

  • Paper hearing - where you or your representative do not appear and the case is decided on the written evidence

Return to top of page

Can I Get Help With My Appeal?

ANSWER: Yes. Some organizations offer help and advice (some for free) with your appeal, including:

The CAB will help you fill in forms and may accompany you to the hearing. Or you could ask an adviser, friend or family member to appeal on your behalf.

Return to top of page

What Happens If I Lose My Appeal?

ANSWER: If you don't agree with the tribunal's decision, you can only challenge it if:

  • You didn't get a document that was used at the hearing
  • You weren't present at the hearing although you wanted to be

But if you think the tribunal made a mistake in how they applied the law, you can ask for permission to appeal to a Social Security or Child Support Commissioner.

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