The Department for Work and Pensions (DWP) has confirmed that claimants of Personal Independence Payment (PIP), Employment and Support Allowance (ESA), and Universal Credit have the legal right to appeal if their claim is rejected. The same right applies to decisions about Child Maintenance, also referred to as Child Support.
According to the DWP, before submitting an appeal, claimants must usually ask for the decision to be reviewed again. This process is called 'mandatory reconsideration'. The DWP states: "Before you can appeal, you usually need to ask for the decision about your benefits or Child Maintenance to be looked at again. This is called 'mandatory reconsideration'."
Mandatory reconsideration requirement
The mandatory reconsideration notice is a critical document when applying for an appeal. Claimants must provide this notice when submitting their appeal application. If a mandatory reconsideration is not required, the decision letter will explain why. The DWP advises: "You'll need to provide your mandatory reconsideration notice when applying. If you do not need a mandatory reconsideration your decision letter will say why. Include this explanation when you submit your appeal."
When preparing an appeal, claimants will need several key pieces of information. These include their National Insurance number, details of any representative assisting with the appeal (if one is being used), and the mandatory reconsideration notice or the explanation from the decision letter stating why a mandatory reconsideration was not required.
Tribunal hearing options
Claimants must decide whether they wish to attend the tribunal hearing in person to explain their appeal. If they choose not to attend, the appeal will be decided based on the appeal form and any supporting evidence provided. This option allows claimants to have their case considered without appearing before the tribunal.
The DWP provides support through a web chat service, but access is restricted to users of Google Chrome, Mozilla Firefox, or Apple Safari browsers. If claimants cannot access the web chat, they are advised to contact the benefit appeals helpline, which is listed at the end of the relevant DWP guidance page.
Appointing a representative
Claimants can appoint someone as a 'representative' to assist with their appeal. A representative can help submit the appeal, prepare evidence, act on the claimant's behalf, and provide advice. Anyone can serve as a representative, including friends and family members. Additional help may be available through local libraries or organisations offering benefit advice, such as Citizens Advice.
Once appointed, the representative is granted permission to act on the claimant's behalf, including responding to letters. They will receive all information related to the appeal, including any medical evidence submitted. This ensures the representative is fully informed and can effectively support the claimant throughout the appeals process.
