Challenging Benefit Decisions

Why challenge a benefit decision?

There are a number of reasons you may want to challenge a benefit decision that has just been made. The most obvious is that you were not awarded the benefit. You may also be unhappy with the rate or amount you have been awarded, or the length of time your benefit award is due to last.

How do I challenge a benefit decision?

You will need to contact the department that pays your award. This might be Social Security Scotland, the Department for Work and Pensions or your local council. You have a limited amount of time to do this from the time you receive your decision letter. The exact amount of time you have will depend on which benefit you have applied for, but it is usually around one month.

The first step is to ask for your application to be looked at again. A different assessor will look at the information you originally provided and make their own decision about your benefit award. The way to request this and the name for it will be slightly different depending on who pays your benefit. It might be called a mandatory reconsideration, a redetermination, a review or a revision.

If you are unhappy with the new decision, the next step is to make an appeal. You will be given details of how to do this when you are sent your new decision letter. An independent panel will then look at your application. You will have the opportunity to answer any questions they have, to help them understand your case. You can do this yourself or ask someone else to represent you.

What can happen afterwards?

It is important to be aware that a new decision about a benefit replaces the original decision, and you cannot choose to go back to the original decision. Following a review or appeal, your benefit award could stay the same or be increased, reduced or even stopped.

The outcome of an appeal is usually the final decision. However, if you feel a mistake has been made during the process, you can take the appeal to the next level. It is a good idea to get legal advice at this stage.

The Age Scotland Challenging Benefit Decisions guide provides more detail about each stage of the process, including timescales and the forms you will need to fill in. You can also call the Age Scotland helpline on 0800 12 44 222 for advice about your situation.

Benefit Workshops

The benefits system is complicated. It can be difficult to work out what you are entitled to, and how to claim it. Find out more about joining one of our Benefit Workshops here.