How to challenge a benefit decision in Northern Ireland

The Appeals Service is independent of the Department for Communities. Free help with appeals is available from Advice NI on 0800 915 4604.

Step 1: Mandatory Reconsideration

Before you make an appeal, you must first ask the office that made the decision to formally reconsider it. This is known as a Mandatory Reconsideration. Contact the Jobs and Benefits office or Benefits Office that made the decision, or use form MR2(NI). Say which part of the decision you want looked at again and why you think it is wrong.

You should ask for a Mandatory Reconsideration within one month of the date of the decision letter. If you are asking after one month, say why. You will then get a Mandatory Reconsideration Notice, the letter confirming the office has looked at the decision again.

Step 2: Appeal to the Appeals Service

If you still wish to appeal against the decision following your Mandatory Reconsideration Notice, you must send your appeal to the Appeals Service. Use the online form, form NOA1 (SS), or a letter. Your appeal must be in writing, give your reasons, be signed by you or someone legally authorised to act for you, and include the Mandatory Reconsideration Notice.

Your appeal must be received by the Appeals Service within one month from the date of the Mandatory Reconsideration Notice. If your appeal is late, you must explain why. In special circumstances, a late appeal may be accepted up to 13 months after the date the Mandatory Reconsideration Notice was sent to you.

The hearing

Benefit appeal hearings are held by an independent tribunal. You choose an oral hearing, where you and your representative attend in person or online, or a paper hearing decided on the written evidence. The Tribunal will have up to three members, depending on the case, and most hearings last between half an hour and an hour.

Send supporting documents to the Appeals Service as early as possible. The Appeals Service is unable to request medical records from your GP on your behalf, so ask your GP or hospital yourself if you want to use them. You can bring a witness, such as your carer. You will be given a copy of the Tribunal’s decision within three days of your hearing.

Housing Benefit, tax credits and Child Benefit

Housing Benefit and Rate Relief are dealt with by the Housing Executive. To ask for a review, you need to write to the Housing Executive within one month of the date on their decision letter.

Tax credits, Child Benefit and Guardian's Allowance are decided by HMRC, which also needs a Mandatory Reconsideration first. Tax Credit appeals must be received by the Appeals Service within 30 days from the date the Mandatory Reconsideration Notice was sent to you. Child Benefit or Guardian’s Allowance appeals must be received within one calendar month.

Acting for someone who cannot manage their benefits

You can apply to become an appointee for someone who may need help with claiming benefit because they can’t manage their own affairs. Only one appointee can act on behalf of someone who is entitled to benefits from the Department for Communities. You will have to go to an interview, at which you will also complete form BF56. You won't be made an appointee if someone is capable but just needs some general help managing or getting their benefit.

If you get a call to check your award

The Standards Assurance Unit checks a random sample of awards, including Universal Credit, PIP, ESA, Carer's Allowance, Pension Credit and Housing Benefit, to measure how many are right. Names are chosen at random. You get a letter with the date and time of the call.

Common questions

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