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Welfare Benefits Handbook 2025/26
This content was last updated:
01 Dec 2025
Part 8: Getting a benefit decision changed
Welfare Benefits Handbook 2025/26
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Welfare Benefits Handbook 2025/26
Part 8: Getting a benefit decision changed
Back to previous
Part 8: Getting a benefit decision changed
Chapter 49: Decisions
Key facts
1. When a decision must be made
Who makes decisions
How decisions are made
Decisions made with limited information
Decisions are final
Decisions made by a different decision maker
Housing benefit decisions on income and capital if you get certain benefits
Decisions about limited capability for work
Decisions about national insurance contributions
Correcting a decision
If you disagree with a decision maker’s decision
2. Decisions on claims
Circumstances at time of decision
3. Delays in getting a decision
4. Information about decisions
Explanations
Written reasons
Chapter 50: Revisions and supersessions
Key facts
1. Getting a decision changed
Revisions and supersessions
The risks of applying for a revision or supersession
2. Revisions
When a decision can be revised
'Any grounds' revisions
Time limit for applying for an 'any grounds' revision
Time limit for decision makers
'Any time' revisions
Official error
Sanction decisions
Awards of a qualifying benefit
A decision that has been appealed
Mistake about or ignorance of facts
Other grounds for an 'any time' revision
How to apply for a revision
Providing further evidence and information
When a revision takes effect
Challenging a revision
3. Supersessions
When a decision can be superseded
New medical reports from a healthcare professional and capability for work and disability conditions
Change of circumstances
Mistake about or ignorance of facts
Decisions that are legally wrong
Awards of qualifying benefits
Other grounds for supersession
How to apply for a supersession
When a supersession takes effect
The general rule
New medical reports and disability/limited capability for work decisions
Changes in your circumstances
Mistake about or ignorance of facts
Awards of qualifying benefits
Test cases
Other grounds for supersession
Challenging a supersession
If a decision maker refuses to consider a supersession
4. Revisions and supersessions after a qualifying benefit award
You or a family member are awarded a qualifying benefit or an increased rate
Your non-dependant is awarded a qualifying benefit or an increased rate
You only qualify when the qualifying benefit is awarded
5. The ‘anti-test case rule'
What happens while a test case is pending
Chapter 51: Appealing to the First-tier Tribunal
Key facts
1. Before you appeal
Mandatory reconsideration
When you must apply for a mandatory reconsideration
Mandatory reconsideration time limits
Applying for a mandatory reconsideration
The mandatory reconsideration notice
Who can appeal
Decisions you can appeal
Decisions you cannot appeal
2. How to appeal
Where to send your written appeal
Appeal time limits
If you had to apply for a mandatory reconsideration
If you did not have to apply for a mandatory reconsideration
Late appeals
Making sure your appeal is valid
The information you must provide
Representatives
Meeting the costs
3. After you submit your appeal
Who deals with your appeal
The enquiry form
The decision maker's response
Providing additional information
When your appeal can lapse
What the First-tier Tribunal can do
Extending or shortening time limits
Directions
Postponements and adjournments
When your appeal can be struck out
Being barred from taking part in an appeal
Withdrawing an appeal
Test cases and lead cases
Test cases
Lead cases
4. How the tribunal makes its decision
Decisions based on the papers only
Hearings
Ways to participate in a hearing
At the hearing
The judge and members
Procedure at the hearing
What the tribunal considers
Appeals involving revisions and supersessions
Changes of circumstances after the decision under appeal
5. Preparing your appeal
6. The tribunal's decision
Record of proceedings
The statement of reasons
If you win your appeal
If you disagree with the tribunal's decision
Setting aside a decision on procedural grounds
Setting aside a decision by agreement
Chapter 52: Appealing to the Upper Tribunal and the courts
Key facts
1. Appealing to the Upper Tribunal
Error of law
Errors due to unfairness in how the appeal was decided
Errors about the facts
Inadequate reasons for the decision
2. How to appeal to the Upper Tribunal
Representatives
Meeting the costs of representation
Applying to the First-tier Tribunal for permission
If you do not have a statement of reasons
Time limit for applying
When the First-tier Tribunal can review its decision
Applying to the Upper Tribunal for permission
Time limit for applying
3. After you get permission to appeal
What the Upper Tribunal can do
Withdrawing an appeal
Getting an appeal reinstated
The written procedure
4. Hearings
5. The decision
If you disagree with the Upper Tribunal's decision
6. Appealing to the Court of Appeal or Court of Session
Applying to the Upper Tribunal for permission
The time limit for applying
When the Upper Tribunal can review its decision
Applying to the court for permission
Meeting the cost of going to court
Chapter 53: Applying for judicial review
Key facts
1. The judicial review process
Time limit
When to consider judicial review
2. Grounds for judicial review
Failure to follow the law
Failure to make a decision or to make a decision within a reasonable time
Failure to exercise discretion
Failure to take into account relevant evidence, or taking irrelevant evidence into account
Failure to make enquiries
Failure to follow guidance, or applying unlawful guidance
Discrimination and breach of human rights
Irrationality
3. The pre-action protocol
The letter before claim
4. Judicial review in the High Court or Court of Session
England and Wales
Scotland
5. Judicial review in the Upper Tribunal
Challenging a decision of the First-tier Tribunal
Transferring judicial review cases to the Upper Tribunal
Challenging refusal of permission to appeal to the Upper Tribunal
Chapter 54: Challenging decisions on statutory payments
Key facts
1. Notification of your employer's decision
2. Involving HMRC
Requests for further information
HMRC's decision
Varying or superseding a decision
3. Appealing against a decision
Time limit for appealing
Choosing how your appeal is dealt with
Settling or withdrawing your appeal
Review by HMRC
Initial view on entitlement
The review
Alternative dispute resolution
Appeals to the First-tier Tribunal
Notifying the First-tier Tribunal
Missed time limits
How the First-tier Tribunal decides your case
4. Appeals to the Upper Tribunal
5. Appeals to the courts
6. Payment if your challenge is successful
If your employer does not pay
Chapter 55: Complaints
Key facts
1. Grounds for a complaint
2. Compensation payments
3. Complaining about the DWP
Complaining to the Independent Case Examiner
4. Complaining about HMRC
Complaining to the Adjudicator
5. Complaining about a local authority
6. Complaining about HM Courts and Tribunals Service
Complaints about the administration of your appeal
Complaints about the conduct of tribunal members
7. Using your MP
8. Complaining to an Ombudsman
The Parliamentary and Health Service Ombudsman
The Local Government and Social Care Ombudsman/Public Services Ombudsman
9. Legal action
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CPAG. "Part 8: Getting a benefit decision changed." In
Welfare Benefits Handbook 2025/26.
, 2025. Accessed March 10, 2026.
CPAG,
https://askcpag.org.uk/?id=-265631CITANCHOR.
CPAG. "Part 8: Getting a benefit decision changed." In
Welfare Benefits Handbook 2025/26.
, 2025. Accessed March 10, 2026. https://askcpag.org.uk/?id=-265631CITANCHOR.
Contributor(s):
CPAG
Title:
Welfare Benefits Handbook 2025/26
Site name:
CPAG
Publisher:
Publication date:
March 21, 2025
Date accessed:
March 10, 2026
URL:
https://askcpag.org.uk/?id=-265631CITANCHOR
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