What happens to family benefits if a child becomes looked after and accommodated by the local authority (sometimes called 'looked after away from home').
Our tools and letter and appeal submission templates help you identify the correct position for your client in complicated areas of welfare rights law and produce letters and appeal submissions to challenge unfavourable decisions.
You usually have to ask the DWP to look again at its decision – called a mandatory reconsideration – before you can appeal. If you're unhappy with the result of the mandatory reconsideration you can then appeal. In some cases there may be risks involved in challenging a decision about personal independence payment (PIP).
If you disagree with a DWP decision about your entitlement to personal independence payment (PIP) you may be able to appeal and have your appeal decided by an independent tribunal. In most cases, you must ask the DWP to reconsider its decision before you can appeal.
To appeal against a personal independence payment (PIP) decision, you must submit a notice of appeal to HM Courts and Tribunals Service (HMCTS). There are time limits for submitting an appeal.
Once you've received the DWP’s response, you can prepare to write your submission to the tribunal. This will involve checking the relevant law, deciding what facts are relevant to your appeal, checking the DWP’s response and considering what evidence you have to confirm your explanation of the relevant facts.
An oral hearing involves a discussion with the tribunal about your appeal. It can be conducted by telephone, video call or in person, usually at a tribunal venue. The tribunal asks you questions and finds out more about your situation before making its decision.
The tribunal may decide to change the decision that you’ve appealed, substituting it with one it considers to be correct. It can allow your appeal in full or in part, or alternatively uphold the DWP’s original decision. In some circumstances, if you disagree with the tribunal’s decision you can ask for it to be set aside or appeal to the Upper Tribunal.
