Late benefit appeals
If you're not happy with the outcome of a benefit decision you must ask for a reconsideration before you can appeal it. A DfC decision maker will look at your claim again and decide whether to change the decision or keep it the same. They call this a mandatory reconsideration.
If you miss the one month-time limit to appeal you can sometimes make a late appeal. This page tells you more about how to do this.
Making a late appeal
If you miss the one-month time limit to appeal against a decision, don’t give up. If you ask for an appeal within 13 months of the date the decision was sent to you, it can sometimes be accepted.
Give as much information as you can to say why your appeal application is late. Make sure you say how important it is for the decision to be changed. This might be because:
- you will lose a lot of money if the decision is not changed
- you have good reasons for being late
- there are special circumstances that mean it would be fair for your appeal to be heard.
What happens when you make a late appeal?
The Appeals Service (TAS) will ask the DfC if they object to the appeal being accepted late. If they don't object, the appeal will be accepted unless the tribunal think that there are reasons not to do so. For example, if the tribunal think that you can’t win the appeal they may decide not to accept it late.
If the DfC object to your appeal being accepted late, the tribunal will look at it and decide if it is fair and just to accept it.
If it is accepted late, TAS will deal with your appeal. They will write to you to tell you what will happen next. You will be sent a form asking you for more information. This will ask you if:
- you want to go to the appeal hearing
- you want to bring witnesses
- you will need an interpreter
- there are any dates you can’t attend a hearing.
The DfC will be told you have appealed and will prepare their response. This will give their reasons for the decision, a copy of your claim form and any other letters and forms you have filled in. They will also say what law they have used to make the decision.
If you're too late to appeal
If you've missed the deadline for making a late appeal and you discover that the decision was wrong, you can ask the DfC for an anytime revision of your benefit decision.