claimant disagrees with a benefit or Tax Credit decision, they have the right
to challenge it. The first step in challenging is called a mandatory
reconsideration or revision, where the DWP (or LA or HMRC) look again at their decision.
If the claimant is not satisfied with the outcome of the mandatory
reconsideration / revision, they can appeal to the First Tier Tribunal.
can choose whether they want a ‘paper’ appeal hearing (which they do not attend
– the FTT makes its decision based on the papers) or an ‘oral’ hearing (when
the claimant attends a hearing).
Usually the claimant has a better chance of winning their appeal if they opt for an oral hearing, especially for Work Capability Assessment (fitness for work) decisions and
disability benefit decisions,. This allows them the opportunity
of explaining their case directly to the FTT. They can have a representative to
help them with their appeal.
to the Coronavirus outbreak, some temporary changes to procedures have been
introduced (mainly in connection with oral hearings).
hearings are taking place by telephone or video call
not currently being held in courts or other public venues. Instead, oral
hearings are being conducted over the phone or via video call.
claimant has a representative who is not able to be present with the claimant,
it is essential that HM Courts & Tribunals Service (HMCTS) have the contact
details for the representative beforehand, so that a conference call / video
call can include all parties.
If there is
any reason why the claimant would have difficulty managing a telephone or video
hearing (eg hearing impairment or mental health problems) they or their
representative should notify HMCTS straight away, so this matter can be
claimant wants a household member to be with them during the telephone / video
hearing for moral support or to help them give evidence, they should notify
HMCTS in advance.
person they want to support them is not able to be present with them (due to
the lockdown) then they should ask HMCTS to include them in the conference
call. If HMCTS say this is not possible, make sure the claimant gets it noted
down during the hearing that this made things more difficult for them. (This
might come in useful later on if they are trying to show grounds to appeal to
the Upper Tribunal).
How the process should work
- Leaflet sent out to Appellant’s in advance explaining the process - click here
- Judge (normally the Clerk) will make contact prior to the hearing and make sure that all parties are available and ready
- All parties are required to be in a private room, free from interruption and the appellant can have family, friend or support worker present
- Appeal begins with introductions and reminder that the hearing must not be recorded- so no Siri. Possible contempt of court
- If the hearing is interrupted or that there is too much noise the hearing may be halted
- Appeal will be heard as ‘usual’
- Decision will be sent out by post.
Information about online services from HMCTS here.
allow FTT Judges to make a provisional decision on the papers, without an oral
hearing, even if an oral hearing has been requested. The purpose of this change
is to speed up the process / cut down on the backlog of appeals.
only likely to do this if the decision is likely to go in favour of the
claimant and the DWP agree with the provisional decision, it is converted into
a binding decision. If either party disagrees with the provisional decision,
they need to notify HMCTS of this within 28 days and the case will then be
listed for an oral hearing.
Tip – If the claimant (or their
representative) has submitted a strong case with supporting evidence in their
written submission, the FTT might make a favourable decision on the papers and
they could get the result they are hoping for without having to go through a
Tip – Claimants who are not happy with
their provisional offer should seek specialist advice if they can. If they
proceed to an oral hearing they might get a lower (or no) award.
In order to
avoid delays in hearing appeals, Tribunals can where appropriate consist of
fewer members than would normally be required. This could mean a Judge is the
only FTT member.
cases - If a
decision is urgent, a hearing is not reasonably practicable and it is in the
interests of justice to do so, the Tribunal can make a decision on the papers
without the parties’ consent.
A judge will
need to decide which cases are urgent. This is most likely to be cases where
the claimant is in financial hardship due to having no payment of benefit.
Someone who has had their award of PIP removed could also be seen as an urgent
case. Claimants will need to explain their particular circumstances as they
will be looked at case by case.
Note: As Courts and Tribunal services begin to re-open to the public (From July) some of the changes in procedure will be revised. However HMCTS' document on recovery suggests that increased use of technology, and other innovations, will continue to be used in order to reduce risk of infection.