Sample Esa Appeal Letter Template printable pdf download

The Appeals Process

If you disagree with a benefit or tax credit decision you can usually appeal. Some

decisions cannot be appealed.

There are time limits for appealing a decision. For most benefits you have one month from

the date on the decision letter to appeal. For Tax Credits the time limit is 30 days from the

date on the decision letter.

You can get the time limit extended by 14 days if you ask for written reasons for the

decision.

A late appeal may also be accepted if there are special circumstances which meant you

could not appeal within one month, for example if you were in hospital. You should explain

the reasons for your late appeal on the appeal form or letter. A late benefits appeal can

only be accepted within 13 months of the decision letter. For a late Tax Credits appeal, the

time limit is a year and 30 days from the date of the decision.

An appeal must be made in writing or by completing a form provided by the agency that

made the decision. The Department for Works & Pensions (DWP) can send you a GL24

appeal form. For housing and council tax benefit, your local authority usually has a

specific appeal form. Alternatively, you can write an appeal letter.

An appeal letter must contain your name, address and national insurance number, the

date of the decision you are appealing against and an explanation of why you believe the

decision is wrong. A sample appeal letter can be found below.

When the DWP receives your appeal they should send you a letter acknowledging the

appeal.

The DWP will reconsider the decision. If they decide to change the decision in

your favour you will be sent a new decision and your appeal will lapse. If you are not

happy with the new decision you will have to make another appeal.

If the decision is not changed, the appeal is passed on to the HM Courts and

Tribunals Service.

The DWP will send you a bundle of papers (Schedule of Evidence), containing copies of

forms you have completed and any other documents that were used to make the decision

you are appealing against. The papers may also include details of the benefits law which

the decision was based on. You should read the papers very carefully and note anything

that is incorrect or which you disagree with.

If you have given the DWP details of a representative they should also be sent a copy of

the appeal papers. The DWP also send a copy of the appeal papers to the HM Courts &

Tribunals.

HM Courts & Tribunals Service will then send you an Enquiry Form that asks a series of

questions including whether you want a paper or oral hearing. A paper hearing means

that the tribunal will reach a decision based on the information in the appeal papers and

any additional evidence you send them. You do not have an opportunity to attend the

hearing and explain your circumstances. An oral hearing allows the tribunal to see you

and for you to explain why you disagree with the decision. Papers hearings are usually

less successful so it is advisable to request an oral hearing. If you are aware of any dates

Sample Esa Appeal Letter Template