Welfare Rights appeals and representation

No. We cannot give general advice on benefits, including entitlement or help making a claim. Please contact your local Citizens Advice, Age UK (if over 50), or search the NCAN Advice Directory which gives details of agencies that provide entitlement advice.

Not usually. You have 1 month to request a review of a negative benefit decision (late requests can be made up to 12 months late but only with good grounds for lateness). We cannot assist with lodging those review requests except for previous WRARS clients. Other local advice services can assist with making these review requests and you can find details of services on the NCAN website directory section.

If you have received your mandatory reconsideration notice (MRN) and need help with submitting your appeal to His Majesty’s Court and Tribunal Service or need advice about the merits of appealing and the process, we can assist you. 

You have one month from the date of the mandatory reconsideration notice letter to lodge an appeal with HMCTS. You can lodge a late appeal up to 12 months after the date of the mandatory reconsideration notice letter provided that you have good reasons as to why your appeal was not made within the one-month deadline. The vast majority of appeals are lodged online and we can support you to do that provided the appeal has merit.

If you have received the Secretary of State’s response (the appeal bundle) and are waiting for a Tribunal date we can give you advice regarding the merits of your appeal, support you through the appeal process, prepare your case for Tribunal (including giving guidance on requesting copies of your relevant medical records) and represent you at the Tribunal hearing provided your case has sufficient legal merit. 

We can represent at phone and video Tribunals, and at face to face hearings. Tribunal hearings based on the papers alone have low success rates and we do not recommend you chose that option.

We can represent you at the Tribunal if you are resident in Norfolk and you have received your hearing date. Your appeal must have sufficient legal merit.  We will explain this when we assess your case. If your case is referred to us with less than 3 weeks before your hearing date we can give guidance on how to request a postponement of your hearing where that is appropriate and can then represent at the new hearing date.

Yes. If you have been to Tribunal and your appeal has been adjourned we can advise and assist with the adjournment directions and rehearing and can represent at the relisted hearing if the case has sufficient legal merit. 

If your appeal was dismissed by the Tribunal, you have one month from the date of the Tribunal to request a statement of reasons for a Tribunal decision to see if there are grounds to appeal, or to request a set aside on limited procedural grounds. We can advise and assist with this stage and with any resulting Upper Tribunal appeals. We will only be able to pursue the appeal for you if it has sufficient legal merit but we can give you advice on procedures whether or not we take the case on.

No. We cannot assist with benefit fraud investigations or prosecutions as they are a criminal law matter not a benefit appeal. You can find some guidance here https://www.gov.uk/benefit-fraud. Our Legal Services team can provide a list of local solicitors who can assist with any criminal prosecution or interview under caution. You will need to ask those firms about their fees. What we may be able to assist with is any linked benefit appeal if it has merit.   

We are available to take referrals for appeal stage advice, bundle stage, and tribunal representation for all benefits, both at First-tier and Upper Tribunal level. You will need to refer the client to us via the NCAN Common Referral System. When making the referral, please identify the client’s issue, any key dates (e.g. mandatory reconsideration notice date, hearing date, time and venue), any health issues or communication difficulties, a contact telephone number and/or email address for the client and attach all documentation (e.g. mandatory reconsideration notice, appeal bundle, hearing date notice letter).

If your organisation is not already a member and you would like advice about joining please contact NCAN by emailing info@ncan.co.uk. Alternatively you can help your client access a service by using the NCAN directory.