What to expect from a benefit tribunal
*PLEASE BE AWARE THIS IS AN OLDER POST AND THERE MAY BE A MORE UP TO DATE POST, OR UPDATED INFORMATION AVAILABLE ON https://www.citizensadvice.org.uk/ *
Applying for benefits can be a challenging and confusing process. At Citizens Advice Wigan Borough, we’re here to help make the benefit application process easier to understand for local residents. One of the questions our advisers are often asked is what to do if you don’t agree with a benefits decision by the DWP. In this blog post, we’ll explore the tribunal process for benefit appeals.
Got a question? Speak to our dedicated advice team by calling free on 0808 2787 801.
What is a benefit tribunal?
If you don’t agree with a decision made about your benefit application by the DWP, you can first ask them to look again at your application, this is called a Mandatory Reconsideration. If you are still unhappy with the decision, you can appeal it. It’s best to request a hearing where you can attend, rather than a paper-based hearing, so you have a chance to put your case forward. This means that an independent tribunal will look at your application and the DWP’s decision, and make an assessment on whether or not you should receive the benefit.
Tribunals are free of charge and independent from the DWP. Though they offer local hearings for benefit appeals, they are less formal than court proceedings. The tribunal panel is usually made up of a legally qualified judge, a member of the medical profession and a disability specialist depending on which benefit you’re appealing. The tribunal panel together will make a decision about your benefit appeal.
During the coronavirus pandemic, many tribunal hearings are being held virtually or over the phone via a conference call. This means that you may need access to a device with internet access so that you and/or your representative can take part. You’ll receive information about how the hearing will be held from your local tribunals service.
How do I prepare for a tribunal hearing?
You should receive information about the tribunal hearing and what you need to do. It’s important to read through the papers you receive and contact the tribunal service straight away if anything is incorrect.
If you have any new evidence to support your benefit claim, you can send this to the tribunal before your hearing. It's a good idea to check this first with your representative if you have one in case the evidence can be damaging to your case in any way. It’s not a good idea to turn up to your tribunal hearing with lots of new evidence, as this could cause the hearing to be rearranged.
You can take a friend or family member to the hearing for support, as well as any representative who may be helping you with your appeal. If your hearing will be held in person, it’s a good idea to check that the venue has everything you need to access the hearing, and what expenses you can claim for travelling to and from the venue.
What happens at a tribunal hearing?
It’s normal to feel nervous before your tribunal hearing, but remember that this is an informal process and not a full court hearing. Usually, the tribunal judge will introduce the panel and tell everyone what the purpose of the hearing is.
The panel will ask you questions about why you’re appealing the benefit decision and what you disagree with. There may be a representative from the DWP at the hearing, and the panel may ask them questions about your benefit application and their decision. After the panel has asked their questions, they will ask you if there’s anything you’d like to clarify or add. You’ll then be asked to leave the room while the panel makes a decision on your appeal. Usually, you’ll learn the decision on the day but occasionally you may need to wait 3-5 days for a decision letter in the post.
If your appeal is successful, your claim will be backdated, which means that the DWP will need to pay everything they should have been paying you since the date of your claim. This usually takes 4-6 weeks. You will then receive your regular benefit payment every 2-4 weeks as normal.
If your appeal is unsuccessful, you’ll be sent a letter outlining your options. It may be possible to appeal to a higher level of tribunal but only if there is an error in law - contact us to find out more.
