The Tribune Legal Practice is a paralegal law firm that provides legal advice and representation for welfare benefit appeals to the First Tier and Upper Tribunal.
Representation is the key for success in welfare benefit appeals, giving you the support and confidence to challenge the DWP, HMRC or Local Authority.
Past statistics show that unrepresented appellants at paper hearings have a 20% chance of success. By attending a hearing in person your chances increase to 50%, and with a representative it increases further to 64%.
With our expertise gained at the Tribunal, we can also provide assistance in completing benefit application forms for incapacity and disability benefits.
LEGAL ADVICE AND REPRESENTATION FOR WELFARE BENEFIT APPEALS
First steps – Know your rights act in a timely manner
When the DWP, HMRC or Local Authority make a benefit decision that you do not agree with, be it about your circumstances, your abilities, or the amount of entitlement, acting in a timely manner is very important so not to lose your appeal rights. You should take the following action without delay:
- You have a right of appeal against a benefit decision and the “mandatory reconsideration” is the first step in the appeals procedure.
- You need to write a mandatory reconsideration letter within one month of the date of the decision that you disagree with.
- For Housing Benefit decisions, you need to write an appeal letter addressed to the Local Authority, within one month of the date of the decision that you disagree with.
- If the DWP have changed your benefit entitlement without issuing a benefit entitlement letter as required by law (as seen with Universal Credit decisions), you still have appeal rights and appeal time limits do not start until you are properly notified of their decision.
Please see our “How to appeal” guide for further advice on how to appeal a benefit decision, and how the Tribune Legal Practice can assist you. You can also download a free Mandatory Reconsideration letter template to help start your appeal.
Winning your Benefit Appeal – the advantages of legal representation
Appealing a benefit decision on your own can be a bewildering and difficult experience. Many appellants find the appeal process overwhelming and are discouraged from pursing their appeal. Many meritorious appeals do not reach the Tribunal, leaving wrong entitlement decisions unchallenged.
That is why we recommend that you seek the assistance of a legally trained representative. Their expertise in Social Security Law and knowhow of Tribunal procedure will assist you in appealing effectively the benefit decision you do not agree with.
Social security law is very complex and appellants require support in all stages of the appeal to be effective. The Tribune Legal Practice provides this support, dedicating up to 35 hours labour per appeal.
Common Scenarios that are litigated at the First Tier Tribunal
Your benefit appeal may fall in one of the following:
- Evidential questions as to disability/incapacity – denial of PIP, UC LCW/LCWRA, DLA, AA.
- UC denial of additional elements.
- Disputed possession of income and capital, including earnings calculations and RTI issues.
- Sanctions application and conditionality (UC, new style JSA and ESA).
- Contrived/non commercial tenancy allegations, occupation of the property normally residing (UC housing costs, HB).
- Supported and Temporary accommodation (HB only, whether your property meets the criteria of Specified or Exempt accommodation).
- Persons from abroad, habitual residence, past presence test, leave to remain issues.
- Allegations of cohabitation/living together as husband and wife.
- Benefit Fraud investigations, appeals against overpayments.
- Overpayment decisions (no recoverability right of appeal if UC, new style ESA and JSA, Tax Credits, or CTR/CTS).
- Appeal rights (denial of, or lack of notification), late appeals, mandatory reconsideration (supersession and revision rules, D&A Regulations).
- Upper Tribunal appeals on points of law – Set aside applications, procedural impropriety, discrimination, Human Rights, application of retained EU law, Judicial Review principles.
If your benefit appeal relates to any of the above scenarios, or you simply require advice on how to appeal, contact us to further advice and how we can assist you.
Practiced Jurisdictions
The Tribune Legal Practice can assist with litigation in the following Tribunals:
- First Tier Tribunal (Social Entitlement Chamber), for appeals of all social security benefits including: Universal Credit (UC), Personal Independence Payment (PIP), Employment and Support Allowance (ESA), Housing Benefit (HB), Disability Living Allowance (DLA), Carer’s Allowance (CA), Pension Credit (PC), Attendance Allowance (AA), and legacy: Income Support (IS), Jobseeker’s Allowance (JSA), Tax Credits (WTC/CTC).
- Valuation Tribunal – for appeals of Council Tax Reduction/Support.
- Upper Tribunal (Administrative Appeals Chamber) – For appeals from the First Tier Tribunal (Social Entitlement Chamber) on a point of law, for all social security benefits.
Additional Services
Benefit Fraud investigations – Social Entitlement Chamber appeals, expert witness appearances at Magistrates or Crown Court, expert witness statement.
Rent Repayment Orders, First Tier Tribunal (Property Chamber) – Representation and litigation advice.
Training to third sector clients/corporate clients – Solicitors, CAB, Housing Associations, Welfare Rights centres.
Please see our services page for a further description of how the Tribune Legal Practice can assist you.
why Tribune Legal Practice Welfare
Benefit Paralegals
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Respectful Paralegals
Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry’s standard dummy text ever since the 1500s, when an unknown printer took a galley.
Lorem Ipsum text of the printing and typesetting industry. Lorem Ipsum has been the industry’s standard dummy text.
