THE FULL FACTS

Appeals process changes for all DWP benefits and child maintenance cases

The appeals process will change so that more disputes against DWP decisions can be resolved without the need for referral to Her Majesty’s Courts and Tribunals Service (HMCTS). DWP is committed to preventing disputes, reducing the escalation of disputes, resolving disputes and learning from disputes. From April 2013 DWP will begin to introduce changes which were part of the Welfare Reform Act 2012.

What are the changes?

DWP will reconsider all decisions before an appeal. This change will mean that if someone disputes a decision, they will need to ask DWP to reconsider the decision before they can appeal to HMCTS. This is known as “mandatory reconsideration”. The change aims to encourage people to provide additional evidence earlier in the process. Resolving disputes without the need for an appeal should also help ensure that people receive the right decision earlier in the process.

Appeals to be made directly to HMCTS. This change will mean that, after DWP has reconsidered a decision, if someone still disputes the decision and wishes to appeal, they must send their appeal directly to HMCTS. This is known as “direct lodgement”. It will bring the process for Social Security and child maintenance appeals into line with other major tribunal jurisdictions handled by HMCTS.

Time limits for DWP to return responses to HMCTS. DWP has agreed with the Tribunal Procedure Committee to introduce time limits to stipulate how long DWP has to respond to an individual appeal. DWP is currently discussing what these time limits might be with the Tribunal Procedure Committee.
When will these changes be introduced?

DWP intends to introduce “mandatory reconsideration” and “direct lodgement” for Personal Independence Payment and Universal Credit from April 2013, and for other DWP benefits and child maintenance cases from October 2013. However, these dates may be subject to change.