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Changing a DWP benefit decision after you've appealed

This advice applies to Scotland

If you're appealing a benefits decision by the Department for Work and Pensions (DWP), you might still be able to get them to change the decision after you've appealed.

This page tells you more about when the DWP can change a decision after you've appealed.

If you want to challenge a tribunal decision, you might be able to appeal the decision.

You’ve appealed against a decision

The Department for Work and Pensions (DWP) can revise a decision at any time if you’ve appealed against that decision and that appeal has not yet been heard by an independent tribunal.

This could happen if DWP realise that their decision is wrong or they get new information or evidence showing it is wrong.

If this happens you'll be paid any money you're owed.

The decision is changed following an appeal tribunal decision

If your claim has been refused and you have appealed you might have made a second claim before the appeal has been heard. If the second claim is also refused, the DWP can revise that decision if your appeal on the first claim succeeds.

This rule applies if you are appealing against a decision (decision A), the decision maker changes the decision or makes a decision on a new claim (decision B) before the appeal is decided. Decision A is changed on appeal. Decision B may be revised at any time in light of the tribunal's decision

Tribunal decisions

If the decision was made by a tribunal, a decision maker can change it by supersession if the tribunal didn't know or made a mistake about a material fact. A material fact is a fact that will directly affect the decision on your claim.

A tribunal decision can also be changed if it is now wrong because of a Court of Upper Tribunal decision in another case.

If the decision is changed by supersession, the extra money you're owed will be paid from the date the change is made.

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