What to do if you think you're getting the wrong amount of benefit

Finding your way around the benefits system can be frustrating at the best of times, and then there may be times when it goes completely wrong - your claim is turned down, your money is stopped, or you think they're paying you the wrong amount.

This is a guide on how to challenge wrong decisions about your benefits. It covers social security benefits (paid by the Jobcentre Plus, Disability and Carers Service or the Pensions Service), and housing and council tax benefit (paid by your local council). It doesn't cover tax credits (paid by the Inland Revenue), or the social fund.

Why might I be getting the wrong amount of benefit?

If you are getting the wrong amount of benefit there might be two reasons for this:

• the benefit office made the wrong decision about your application,
• or the decision may have been correct but your circumstances have since changed.

If your circumstances have changed since you applied for benefit.....

You should tell the agency concerned as soon as possible. They will look at your claim again and make a new decision (this is called a supersession). If you wait more than a month to tell them, you could lose out on benefit, or, if you are receiving more than you are entitled to, you could end up having to pay some money back to them. Seek advice if this happens to you.

What can you do if you think the decision is wrong?

If you think a decision about your benefits is wrong, you can ask for the decision to be looked at again, either by someone at the same benefits office (this is called a revision) or by an independent panel (this is called an appeal). If you ask for a revision and they do not change their decision in your favour you can still make an appeal.

It's a good idea to seek advice when challenging a decision. An adviser can help you decide whether to ask for a supersession, revision or an appeal. This could improve your chances of success and save you time and energy.

What ever you decide to do, you should act quickly as there will be a time limit. The agency concerned must usually receive your request within one month of the date on their decision letter. You can sometimes get the time limit extended, but only in certain, limited circumstances.

Appealing

It's always a good idea to seek advice at the earliest opportunity if you are considering an appeal. But don't risk missing the deadline if you are waiting for an appointment to see an adviser. You can lodge an appeal yourself. You must make the appeal within one month of the date on the decision letter.

The Department of Work and Pensions' leaflet 'If you think our decision is wrong',
explains the appeals process and has a form for you to complete, with details of the decision you are appealing against and the reasons why you think it is wrong. See Links to other websites.

Once you have requested an appeal, staff at the benefits office will look at your case again. If they don't change the decision straight away, it will go to an appeal. It can take some time before you get an appeal date (it can take months!), so you will have a chance to seek advice if you haven't already done so.

An adviser may be able to help you to complete the appeal form, and produce a written submission, explaining why the decision is wrong, including any evidence to support your claim (ie. medical reports) to be sent to the tribunal. Sometimes advisers will go with you to represent you at the appeal hearing.

The appeal tribunal is independent from the agency that made the decision. You have the choice of whether you want your case to be decided at an oral hearing (where you will be present) or on the papers alone. Although it may sound scary, it is usually a good idea to choose an oral hearing. That way you can explain your case to the tribunal and you'll have a far better chance of success.

What happens if you think the appeal tribunal decision is wrong?

In certain circumstances you have the right to appeal against a tribunal decision to the Social Security Commissioners. Get advice straight away if you are in this position.

Complaints

If you are unhappy about the way an agency has dealt with your benefits, e.g. because they keep losing your forms or have treated you very badly, you should consider making a complaint to that agency. If you are unhappy with their response to your complaint you can get help from an ombudsman.

If you are unhappy about how your local council has dealt with your housing/council tax benefit, contact the Local Government Ombudsman.

For complaints about other benefits, contact your MP who can help you apply to the Parliamentary Ombudsman (the Parliamentary Commissioner for Administration).

Jackie May
October 2006