Introduction
Are you unhappy with a decision regarding your Universal Credit? This guide will help you understand your rights and the steps you need to take to appeal effectively. From requesting a mandatory reconsideration to preparing for a tribunal hearing, we’ll cover everything you need to know. If you find yourself needing assistance, Contend’s highly trained AI legal experts are here to help you navigate the process and resolve your legal concerns. With Contend, getting legal help in the UK has never been easier.
If you’ve recently received a decision about your Universal Credit and you believe it’s incorrect, you have the right to challenge it. This process starts with a request for a mandatory reconsideration. If the Department for Work and Pensions (DWP) doesn’t change their decision after this request, you can take your case to a tribunal.
What is a Tribunal?
A tribunal is an independent body that reviews decisions made by the DWP. It is overseen by a judge, and its purpose is to ensure that your case is examined fairly and objectively.
Preparing for Your Appeal
Before you appeal, take a close look at your ‘mandatory reconsideration notice.’ This document, sent by the DWP, explains why they upheld their original decision. You can appeal if:
- You received the wrong amount of Universal Credit.
- Your application for Universal Credit was unjustly denied.
- You were unfairly sanctioned, like if you missed a work-focused interview due to illness.
You have one month from the date on your mandatory reconsideration notice to submit your appeal.
What if You Miss the Deadline?
If you miss the one-month deadline, you may still be able to appeal if it’s within 13 months of the date on your notice. You’ll need to provide a valid reason for your delay, such as:
- Not receiving the mandatory reconsideration notice.
- Your appeal was sent on time but got lost in the mail.
- A family illness prevented you from appealing sooner.
- You were misinformed by the DWP.
- You only recently found out how to get help with your appeal.
If the tribunal finds your reason acceptable, they may allow your appeal to proceed.
What to Do If Your Appeal is Struck Out
Sometimes, your appeal might be canceled or ‘struck out’ if you don’t respond to requests from HM Courts and Tribunals Service (HMCTS) in time. If this happens, you can write to the tribunal explaining why you believe your appeal should be reopened.
Make sure to include:
- Your name and address
- Your National Insurance number
- Details of the decision you’re appealing
- The date your appeal was canceled
- An explanation for any delays
You should send this letter within one month of receiving notification about the cancellation.
How to File Your Appeal
The fastest way to appeal is by using the online appeal form available on GOV.UK. You’ll need:
- Your National Insurance number
- Information about anyone helping you with the appeal
- Your mandatory reconsideration notice
If you prefer to appeal by post, you can download and fill out the SSCS1 form and send it to HMCTS.
When completing the form, be specific about why you’re appealing. Reference the reasons listed in your decision letter and any evidence you provided previously. If you received guidance from an adviser, mention that as well.
Sending Your Appeal
If you are sending your appeal by post, remember to sign your completed form and include your mandatory reconsideration notice. Send it to:
HMCTS Appeals Centre
PO Box 12626
Harlow
CM20 9QF
It’s wise to ask for proof of postage when you send your appeal, as you may need to confirm when it was sent.
Tracking Your Appeal
If you filed your appeal online, you can opt to join the ‘track your appeal’ service, which provides regular updates via email. If you submitted your appeal by post, you can call HMCTS to request updates, or you can ask for updates via text message.
HM Courts and Tribunal Service
Phone: 0300 123 1142 (available Monday to Friday, 8:30 AM to 5 PM)
Email: contactsscs@justice.gov.uk
Attending the Hearing
It’s beneficial to attend your appeal hearing in person, as it gives you a chance to present your case and respond to any questions from the judge. You can also take someone with you for support, such as a solicitor or a friend.
If you can’t attend, you can request that the hearing proceed without you, but this may reduce your chances of success since you won’t be able to argue your case.
After the Hearing
Typically, you will receive a decision on the day of the hearing. If the judge needs more time, they will send you the decision by post later. If your appeal is denied, you can apply to the upper tribunal for another review.
Remember, you don’t have to navigate this process alone. Seeking help from Contend’s legal expert chat can provide you with valuable guidance and support tailored to your situation.
For more information on what to expect during the hearing, visit this link. You can also find out how to claim back expenses related to attending the hearing.
Navigating the appeals process can be challenging, but with the right information and support from Contend, you can effectively present your case and seek the benefits you deserve.
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