Appealing a JSA decision at a tribunal

You can appeal to a tribunal if the Department for Work and Pensions (DWP) didn’t change their decision when you asked for a mandatory reconsideration.

The tribunal will be run by HM Courts and Tribunals Service (HMCTS) and overseen by a judge. It’s independent from the DWP so might disagree with their decision.

It’s free to appeal. You won’t usually be able to get legal aid, but don’t worry as you don’t need a solicitor. You can ask a Citizens Advice adviser to help you prepare your appeal.

Before you appeal

You must ask the DWP to look at their decision again. This is called a ‘mandatory reconsideration’. Check how to ask for a mandatory reconsideration.

Check if you should appeal to a tribunal

Read the letter from the DWP with ‘About your mandatory reconsideration’ written at the top.

If you disagree with the DWP’s reasons and have evidence to show why they’re wrong, you should appeal to a tribunal. For example, if you have evidence:

• you’re entitled to JSA

• you had a good reason for missing a Jobcentre appointment - for example a note from your doctor

• you were paid the right amount - for example, payslips from part-time work

You don’t have to have evidence to appeal, but it will give you more chance of getting the decision changed in your favour.

You can’t appeal a decision about when your JSA is paid or whether it gives you enough to live on. 

You also can’t appeal if the DWP is looking into your claim because they think you’re not entitled to JSA. You’ll be able to appeal once the investigation has finished and they’ve made a decision.

Getting specialist help

You can get help from a Citizens Advice adviser at any point in the appeal process. They can help you:

• fill in the form to ask for an appeal

• understand any documents you’re sent

• reply to any letters from the tribunal or the DWP

• photocopy and post documents

• prepare for the appeal hearing - they might be able to go with you too

Contact your nearest Citizens Advice to book an appointment. Take your mandatory reconsideration notice and original decision letter to your first appointment, if you can.

Submit your appeal

You can ask for an appeal on GOV.UK. If you’re not sure about anything, talk to an adviser - they can help you submit your appeal. 

You can also ask for an appeal by filling in a paper form or writing to HMCTS. It’s better to apply online or with a form - if you write a letter you might leave out important information. 

If you want to apply using the paper form, you can download form SSCS1 from GOV.UK.

If you can’t fill in the form you can write to ask for an appeal. Write ‘Appeal’ at the top of your letter and include:

• your full name

• your National Insurance number

• the date at the top of your mandatory reconsideration notice

• why you think the decision is wrong

Explaining why you’re appealing

The most important part of your appeal is giving the specific reasons why you disagree with the decision.

Look at your decision letter and mandatory reconsideration notice and list each of the statements you disagree with and why. Describe the evidence you’ve sent to the DWP and how it supports your reasons for disagreeing with their decision.

Deciding if you should go to the appeal hearing

When you submit your appeal, you can say if you want to be there when the judge considers your appeal - known as an ‘oral hearing’. If you choose to have an oral hearing, you can attend it:

• by phone

• by online video call 

• in person

It’s always better to have an oral hearing, if you can. You’ll have more chance to put your case forward and can answer any questions the judge might have.

The hearing won’t be as formal as other court hearings and should only take about 40 minutes. You can bring some notes on what you’d like to say.

You can get help with the cost of travelling to the hearing on GOV.UK. 

If you don’t go to the hearing, you’ll have what is called a ‘paper hearing’. You’ll miss out on being able to tell the tribunal about your case. You’ve a much greater chance of getting the decision changed in your favour if you go to the hearing.

You can find out more about what happens at the hearing on GOV.UK.

If you filled in a paper appeal form

Check you’ve filled in everything then send the form to HMCTS by Royal Mail Signed For. Keep the receipt - you might need to prove when you posted it and when it arrived.

You’ll need to send a copy of the mandatory reconsideration letter with the form.

HMCTS must receive your appeal within 1 month of the date on your mandatory reconsideration notice - so allow a few days for posting. You can find the date at the top of the notice.

After you’ve submitted your appeal

You should hear from HMCTS within 28 days. They’ll send you:

• a copy of the DWP’s response

• information about what happens next

• details of when and where the hearing will be (if you’ve said you want to be there)

Sending any new evidence

The DWP should pass on any evidence you’ve given them for the mandatory reconsideration to HMCTS. You don’t need to send it again when you submit your appeal.

HMCTS will send you a copy of all the evidence they’ve got - called an ‘appeal bundle’.  If someone like a Citizens Advice adviser is helping with your appeal and has told the DWP they’re your ‘representative’, they might be sent a copy instead. 

You should check your or your representative's copy has all the evidence you gave the DWP. If any evidence is missing, send it to HMCTS - explaining that the DWP didn’t send it.

You can send evidence to HMCTS up to 1 month after you get the appeal bundle. If you miss this deadline, explain why when you send the evidence and HMCTS might extend the deadline.

It’s best to send any evidence before the day of your hearing. If you take new evidence with you the tribunal might be rescheduled to give the judge time to read the new evidence.

If the DWP changes the decision before the hearing

The DWP might write to you and HMCTS to say they’ve changed the decision before the appeal hearing.

If the change is in your favour, HMCTS will cancel the hearing - known as a ‘lapsed appeal’. The letter from the DWP will tell you what to do if you’re not happy with the new decision and still want to appeal.

If the change isn’t in your favour - for example, if it further reduces your JSA - the hearing will go ahead as planned.

Finding out the tribunal’s decision

If you go to the hearing, you’ll usually be told the decision on the day - and be given a written copy. If the judge needs longer to decide, or you’re not at the hearing, they’ll write to tell you their decision.

If you disagree with the decision

You might be able to appeal to an Upper Tribunal if the first tribunal made a mistake - called an ‘error of law’. It’s difficult to know if an error of law has been made, so you should get advice.

If you want to reopen a cancelled appeal

An appeal can be cancelled - known as ‘struck out’ - if you don’t do something HMCTS asks for, like send them a certain document.

You can ask for an appeal that was cancelled to be looked at again - known as getting an appeal ‘reinstated’. Write to HMCTS and tell them:

• your full name and address

• your National Insurance number

• the decision you’re appealing against

• the date your appeal was cancelled

• why you didn’t do something HMCTS asked for, if this was the reason your appeal was struck out

• why you think your appeal should be looked at again

You should write no more than 1 month after HMCTS wrote to tell you about the cancellation. If you need this time extended, explain in your letter why you missed the 1 month deadline.

If your appeal was struck out for any other reason, you should still write to the tribunal and explain why you don’t think your appeal should have been struck out. For example, if it was struck out because the tribunal didn’t think you had a chance of success, but you disagree. 

If the tribunal agree, they’ll reopen your appeal. 

If the tribunal don’t agree to reopen your appeal, contact your nearest Citizens Advice to check if there’s anything else you can do.