Appealing a Benefit Decision
If your application for benefits is turned down, or the person you care for has their application rejected, there are a number of organisations that can advise you such as the Luton Citizens Advice Bureau and Age Concern Luton.
The advisers at these organisations will be able to help you look at why the benefit application was turned down. This will help inform you of what should be included if you choose to re-apply or whether there are grounds to appeal the decision.
To appeal a benefits decision you need to state, in writing, why you think the decision not to award benefits is incorrect. This may be because the office making the decision has misunderstood the nature of the disabilities of the person you care for or, precisely what care they are receiving.
This formal request to have the decision looked at again, known as a mandatory reconsideration request, must be submitted either by phone or in writing within 28 days of the date of the decision. If you are still unhappy with the decision then you can appeal directly to the HM Courts & Tribunals service within 28 days of the date of the Mandatory Reconsideration Notice.
After submitting this letter the office which made the decision will consider your points. They can then change their decision, meaning the benefit is awarded. If they do not change their decision they will pass on your information to the Tribunal Service.
The Tribunal Service will contact you and ask if you want to state your evidence in person at an oral hearing or submit your evidence in writing at a paper hearing. After the hearing you will receive written confirmation of the outcome of your appeal.