Appealing a benefit decision

If you still think our decision is wrong

If you still disagree with our decision after we have looked at it again you can ask for it to be looked at by an Independent Tribunal. You must write to ask for this within one month of the date of our letter confirming our original decision. 

You can write to us at City of Lincoln and North Kesteven District Council Shared Services, Revenues and Benefits Office, PO Box 1257, Lincoln, LN5 5PQ.

Requesting an Appeals Tribunal

A Tribunal is like a court of law, run by the Tribunals Service. If you would like an independent tribunal to look at our decision, you can ask us to send your appeal straight to the Tribunals Service.

Before we do this we will look at the original decision to see if it can be changed.

We will send it to the Tribunal Service if we still feel unable to change our decision. However, if we agree to change it at this point, your appeal will stop.

We will send to the Tribunal Service details of:

  • Your appeal
  • The law
  • The facts we used to make our decision

At the same time we will send you:

  • A copy of the appeal papers

Read the appeal papers carefully. If you do not understand something then ask us, an advice centre or a solicitor to explain.

The form asks you questions about how you want your appeal to be looked at. You can choose an oral hearing (where you attend in person) or a paper hearing (where the tribunal just studies the papers).

If you choose to go to an oral hearing, you will be able to deal with any questions or issues that arise. People who go to their hearing usually do better than those who do not.

What the tribunal looks at

The tribunal can look only at the evidence, the law and the circumstances at the time we made the decision you are appealing against.

The tribunal cannot look at changes of circumstance that happened after we made the decision.

If a change of circumstance could affect your benefit or mean you could claim again, you should report it straight away. Do not wait for the appeal hearing.

Tribunals usually have one member, but can have up to three. None of the members is from the local authority.

Tribunal members will be experts on the issues involved in your appeal. All tribunals have a legally qualified member to help apply the law to your appeal. Tribunals may also include someone with financial qualifications.

Oral hearing

This is an appeal hearing that you go to, it will involve the following:

  • The tribunal may ask you questions
  • You can ask questions
  • You can take someone with you to represent you
  • You can call witnesses to give evidence to the tribunal

One of our representatives will also be at the hearing and they may ask you questions and call witnesses.

If you choose an oral hearing but find you cannot go, you must let the Tribunal Service know straight away. You must give good reasons why you cannot go, such as illness. You may be able to arrange another date. If you do not tell the Tribunal Service you cannot go to the hearing, the tribunal may hear your appeal without you.

Oral hearings are usually open to the public, but you can ask to have your appeal heard in private.

The Appeals Service may pay some of your expenses for travelling to the tribunal. For further information contact the Tribunal Service office handling your appeal.

Paper hearing

This is an appeal hearing that you do not go to. If you choose a paper hearing but the tribunal thinks you need to go to an oral hearing, they can refuse your request for a paper hearing.

You should use the form we will send you with the appeal papers to add any more information which you think will help your appeal. Return the information as soon as possible, as you will not be told the date of the paper hearing.

After the appeal is heard the Appeals Service will send you the decision. If you choose a paper hearing but change your mind and would prefer an oral hearing, write to the Tribunal Service straight away. 

The result

Whether you have an oral or paper hearing you will be given the result in writing.

You will receive a decision notice explaining the tribunal’s decision as soon as possible after the appeal hearing. A copy will also be sent to the benefit office that made the original decision.

You can ask for a statement of reasons. This explains the tribunal’s decision, including the facts and the law used. If you want a statement of reasons, you must ask for it within one month of the date you are given or sent the decision notice.

If you want a written or audio record of the appeal hearing, you can get a copy up to six months after the date of the hearing.

If your appeal is successful, we will usually change our decision as soon as we get our copy of the tribunal’s decision.

Social Security Commissioners

If your appeal is unsuccessful and you feel the appeal tribunal is wrong, you can appeal to the Social Security Commissioners. You will need to request a statement of reasons from the Tribunal Service and send the Social Security Commissioners a copy of the statement of reasons.

If we disagree with the tribunal’s decision, we can also appeal to the Social Security Commissioners.