Benefits appeals procedures

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If the Department of Works and Pensions make a decision about your benefit claim which you are unhappy about, you have a right of appeal. This page provides information on the different stages in the appeals process, including approximate timescales for each step. The links below will give you further information on each step:

• Step One
• Step Two
• Step Three
• Step Four
• Step Five
• Step Six

Step One
When you submit an appeal, all the information and reports about your claim will be gathered into a set of papers, known as the submission which can take up to 8 weeks to be received. If you have nominated an organisation or a friend to assist as your representatives, they will normally receive a copy of this submission too, but please keep your copy safe.

The Tribunal Service Statistics show that it is better to have an oral hearing rather than a paper hearing and that if you are represented, there is a better chance of winning than if you go alone. Click here to have a look at the statistics.

There will be a form called a TAS1 in the same envelope as your submission. This form must be completed and returned to The Tribunal Service within 14 days. Please contact your representative for assistance in completing your TAS1.

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Step Two
Once your TAS1 form has been posted to the Tribunal Service the next contact may be up to 4 months later when you will receive your appeal date and time. Your representative will also be informed. During this time please keep your representative and the Tribunal Service informed of any changes, for example, moving to a new address, planned hospital admissions, holidays.

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Step Three
You should meet with your representative who will be going to the appeal with you to prepare your submission to the tribunal. Make plenty of time for this as you may need to gather further medical evidence or reports from organisations you are in contact with.

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Step Four
On the day of your appeal, your representative will meet you at the Tribunal Service building. You may bring a companion to travel with you and any travel expenses that you have will be refunded but you must provide your tickets. If you are unable to travel by public transport and require a taxi, you must telephone the Tribunal Service in advance to request permission and explain why you need a taxi. If permission is granted you must provide a receipt from the driver or you will not be reimbursed.

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Step Five
The number of people that sit on your appeal tribunal will range from one to three, depending on the type of appeal.
The chairperson is always a lawyer, one will have a medical background and if there is a third person, they usually have a practical knowledge of disability issues.The members of the tribunal have the same submission that you have, and do not have any hidden information. The tribunal will ask you questions relating to your appeal, and the chairperson will keep a written record of your answers. At the end of the tribunal you will normally receive a decision that same day, but in some cases the tribunal may have to post your decision out to you.

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Step Six
If your appeal is successful your representative will complete a benefit check for you and assist with any other benefit claims that have to be made. The Tribunal Service will send a copy of your decision notice to the Department of Work and Pensions who will act on this decision. This stage may take up to 8 weeks to complete.

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If your appeal is unsuccessful, your representative will advise what further action should be taken.

The timescales contained within this page are intended as guidelines only.

If you live in Renfrewshire and would like to be represented at a benefits appeal, please contact us:

Paisley Advice Works:

email: adviceworks@renfrewshire.gov.uk
phone: 0141 887 7632
fax: 0141 889 0057
call in or write to us at: Advice Works, 42 High Street, Paisley PA1 2DQ


Renfrew Advice Works:

email: adviceworks@renfrewshire.gov.uk
phone: 0141 885 1188
fax: 0141 886 5566
call in or write to us at: Advice Works, 7 Dunlop Crescent, Renfrew PA4 8PQ


Johnstone Advice Works:

email: adviceworks@renfrewshire.gov.uk
phone: 01505 382328
fax: 01505 381058
call in or write to us at: Advice Works, 8 Collier Street, Johnstone PA5 8AR

Please contact us as soon as possible to avoid having your case adjourned or postponed.

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