• Appeals toolkit: introduction


    Welcome to CPAG in Scotland’s Appeals toolkit.

    This appeals toolkit gathers together useful resources to help you through the appeals process for benefits, tax credits and universal credit. Here you can find links to official forms, sample letters, the legislation, caselaw and relevant articles and factsheets.

  • New appeals rules and procedures

    Issue 235 (August 2013)

    New rules about appeal rights and making appeals against benefit decisions are due for widespread implementation from 28 October. Simon Osborne describes what is happening.

  • How to expedite a social security appeal

    Issue 235 (August 2013)

    Tom Royston from Garden Court North Chambers provides some ideas on how to cope with delays in getting appeals listed before a Tribunal.

  • Better late than never?

    Issue 234 (June 2013)

    PLEASE NOTE: this article argues that JI v HMRC is not binding. That position is incorrect. However the other reasons given in the article as to why JI is wrongly decided may still be used. Please see also the further article (Feb 2015)

    A recent decision of the Upper Tribunal has decided there is no possibility of making a late appeal in tax credits cases. Martin Williams considers the case.

  • Welfare reform in 2013

    Issue 233 (April 2013)

    2013 is a landmark year in welfare reform. Simon Osborne outlines the main changes.

  • Welfare Reform Act 2012

    Issue 227 (April 2012)

    Do acts speak louder than words? Edward Graham gives a round-up of the changes on their way.

  • Unnoticed? The flaw in ESA conversion decisions

    Issue 224 (October 2011)

    Martin Williams discusses the problems with letters sent by the DWP to existing claimants of incapacity benefit (IB), severe disablement allowance (SDA) and income support (IS) on grounds of disability informing them that they are to be reassessed for employment and support allowance (ESA).

  • Tax credits: making an appeal

    Issue 223 (August 2011)

    A recent decision of the Upper Tribunal may make it easier for tax credit claimants to actually get an appeal heard by a First-tier Tribunal. Edward Graham explains.

  • The right to reside: interim payments pending the outcome of an appeal

    Issue 222 (June 2011)

    There are two near certainties in a disputed right to reside case. The first is that it will raise complex issues of EU law, domestic immigration law and social security law. The second is that it will take an age for the matter to be resolved. This article, by David Simmons, addresses the issue of whether, pending the ultimate outcome of an appeal, is there any provision or principle of EU law that potentially entitles EU nationals challenging negative decisions to be supported in the meantime.

  • Appealing for ESA arrears

    Issue 218 (October 2010)

    CPAG examines what claimants should do if they believe they have not been paid all the arrears they are due following a successful employment and support allowance (ESA) appeal.