Appealing a Universal Credit decision

Yes, you can appeal a Universal Credit decision to a tribunal, but there is a mandatory first step you must complete before you can do so.

The process:

1. You must first ask the Department for Work and Pensions for a "mandatory reconsideration" of the decision. This means you write to them (or phone, though writing is better for evidence purposes) and ask them to look at the decision again. You should explain why you think the decision is wrong and provide any supporting evidence you have.

2. The DWP will review the decision and issue a "mandatory reconsideration notice" setting out whether they have changed the decision or maintained it.

3. If you are still unhappy after the mandatory reconsideration, you then have the right to appeal to the First-tier Tribunal (Social Entitlement Chamber). The tribunal is independent of the DWP.

Time limits:

You normally have one month from the date of the original decision to request a mandatory reconsideration. Late requests can be accepted up to 13 months in certain circumstances if you have good reasons for the delay.

Once you receive the mandatory reconsideration notice, you have one month from the date of that notice to lodge your appeal with HM Courts and Tribunals Service. Again, late appeals can sometimes be admitted with good reasons.

How to appeal:

You can appeal online using the HMCTS "Appeal a benefit decision" service, or by completing form SSCS1 and sending it to HMCTS. The online route is generally quicker and gives you a confirmation.

What happens at the tribunal:

The tribunal is usually a panel including a legally qualified judge, and depending on the issue it may also include a medically qualified member or a member with experience of disability. The hearing is relatively informal compared to court proceedings. You can attend in person, by video, or by telephone. You can also ask for a decision on the papers without a hearing, though attending usually gives you a better chance of explaining your case.

You do not have to pay any fee to appeal.

Practical points:

You should keep copies of everything you send to the DWP and HMCTS. Gather all supporting evidence, such as medical evidence, letters, bank statements, or anything else relevant to the specific issue in dispute. You are entitled to see the DWP's response to your appeal before the hearing, and you can submit further evidence at any stage up to and including the hearing itself.

You can get free help with the process from organisations such as Citizens Advice, local welfare rights services, or advice agencies. Many areas also have specialist tribunal representation services.

If there is a specific decision you are thinking of challenging, I am happy to look at the details and advise on the merits and the best approach.