Welfare benefits solicitors

Welfare benefits law governs entitlement to financial support provided by the Department for Work and Pensions, local authorities and other public bodies.

A welfare benefits solicitor can advise where a claim has been refused, reduced, suspended or stopped, or where an overpayment, sanction or recovery decision is disputed.

Benefit rules can be complex and strict time limits apply when challenging decisions. Advice should be obtained promptly after receiving a decision letter or notification.

This guide principally covers benefits in England and Wales. Different administrative arrangements and some different benefits apply in Scotland and Northern Ireland.

Benefits a Solicitor May Advise On

A welfare benefits solicitor or specialist adviser may assist with:

• Universal Credit;
• Personal Independence Payment;
• Employment and Support Allowance;
• Jobseeker’s Allowance;
• Disability Living Allowance;
• Attendance Allowance;
• Carer’s Allowance;
• Pension Credit;
• Housing Benefit;
• Child Benefit;
• Bereavement Support Payment;
• Industrial Injuries Disablement Benefit;
• Council Tax Reduction;
• Social Fund payments;
• benefit overpayments;
• sanctions;
• benefit fraud investigations; and
• appeals to the Social Security and Child Support Tribunal.

The precise service offered varies between firms. Some solicitors deal mainly with appeals involving complex legal issues. At the same time, welfare rights advisers and charities may provide help with initial claims and mandatory reconsiderations.

Checking Benefit Entitlement

A solicitor or welfare rights adviser may help assess whether a person is entitled to benefits and whether the correct amount has been awarded.

Entitlement can depend on:

• income and savings;
• age;
• health and disability;
• ability to work;
• housing costs;
• children and caring responsibilities;
• immigration and residence status;
• National Insurance contributions;
• earnings;
• pension income;
• living arrangements; and
• the circumstances of a partner or other household members.

Free independent benefits calculators can provide an initial estimate, but they may not identify every entitlement or deal accurately with unusual circumstances.

Making a Benefit Claim

A solicitor or adviser may assist with:

• identifying the correct benefit;
• completing claim forms;
• explaining eligibility requirements;
• collecting medical or financial evidence;
• preparing written representations;
• responding to requests for information;
• checking calculation errors; and
• advising on backdating.

Claims should be made promptly because many benefits cannot be fully backdated.

Challenging a Benefit Decision

If a claimant believes a decision is wrong, the first step will usually be to request a mandatory reconsideration.

This asks the decision-making body to examine the decision again.

A mandatory reconsideration may challenge decisions concerning:

• refusal of benefit;
• the amount awarded;
• the start date of entitlement;
• a disability assessment;
• a work capability decision;
• a sanction;
• an overpayment;
• recovery of money;
• housing costs;
• habitual residence; or
• failure to provide requested evidence.

Mandatory Reconsideration Time Limit

A mandatory reconsideration should normally be requested within one month of the date on the decision letter.

A late request may be accepted where there is a good reason for the delay, but this should not be assumed.

The request should explain:

• which decision is disputed;
• why it is believed to be wrong;
• which facts or evidence were overlooked;
• which legal or benefit rules apply; and
• what decision should have been made.

Requesting a mandatory reconsideration allows the entire decision to be reviewed. The award may increase, remain unchanged, decrease, or stop.

Appealing to a Tribunal

If the decision is not changed following mandatory reconsideration, the claimant may usually appeal to the Social Security and Child Support Tribunal.

The tribunal is independent of the Department for Work and Pensions and will consider the evidence and applicable law.

An appeal must normally be submitted within one month of the date of the mandatory reconsideration notice.

A late appeal may sometimes be accepted, but reasons for the delay must be provided.

Preparing a Benefit Appeal

A solicitor or representative may help by:

• identifying the legal issues;
• preparing the grounds of appeal;
• obtaining medical, financial or occupational evidence;
• reviewing the appeal bundle;
• drafting written submissions;
• preparing the claimant for questions;
• challenging inaccurate assessment evidence;
• attending the tribunal; and
• advising on further appeals.

Tribunal appeals are free to submit.

Personal Independence Payment and Disability Benefits

Disputes involving Personal Independence Payment often concern whether a person meets the required daily living or mobility activities.

Evidence may include:

• medical reports;
• prescription records;
• care plans;
• occupational therapy evidence;
• statements from carers or family members;
• information about aids and assistance;
• a diary of daily difficulties; and
• evidence explaining pain, fatigue, safety, repetition and reliability.

Entitlement is not determined solely by a diagnosis. The assessment focuses on how the condition affects the claimant's ability to carry out specified activities.

Work Capability Decisions

Universal Credit and Employment and Support Allowance claims may involve a Work Capability Assessment.

A claimant may be found:

• fit for work;
• to have limited capability for work; or
• to have limited capability for work and work-related activity.

A challenge may involve medical evidence, the assessment report, the claimant's functional difficulties and whether a substantial-risk provision or another legal rule applies.

Benefit Sanctions

A sanction may reduce Universal Credit or another benefit where the claimant is considered to have failed to meet an agreed work-related requirement without good reason.

Examples may include:

• missing an appointment;
• failing to undertake agreed work-search activity;
• refusing suitable work;
• leaving work without good reason;
• failing to attend training; or
• not complying with a claimant commitment.

A claimant may challenge a sanction by requesting mandatory reconsideration and, if necessary, appealing to a tribunal.

Relevant evidence may include:

• medical evidence;
• proof of caring responsibilities;
• travel disruption;
• communication records;
• evidence that an appointment was cancelled or changed;
• information about disability or vulnerability; and
• evidence explaining why compliance was not reasonably possible.

Hardship Payments

A claimant whose Universal Credit has been reduced or stopped due to a sanction may be eligible to apply for a recoverable hardship payment to help with essential costs.

Hardship payments normally have to be repaid through deductions from later Universal Credit payments.

Benefit Overpayments

A claimant may receive a decision stating that the benefit has been overpaid and must be repaid.

Disputes may concern:

• whether an overpayment occurred;
• the amount;
• the period involved;
• whether income or capital was calculated correctly;
• whether the claimant supplied the required information;
• whether official error was involved;
• whether recovery is legally permitted; and
• the proposed rate of repayment.

Even where an overpayment is recoverable, it may be possible to request a lower deduction rate or ask the relevant authority to consider a waiver in exceptional circumstances.

Benefit Fraud Investigations

A person may be contacted by the Department for Work and Pensions or a local authority about suspected benefit fraud.

This may involve allegations concerning:

• undeclared earnings;
• living with a partner;
• capital or savings;
• property ownership;
• working while claiming;
• residence abroad;
• failure to report a change; or
• false information.

An investigation may lead to:

• benefit suspension;
• an overpayment decision;
• a civil penalty;
• an administrative penalty;
• an interview under caution; or
• criminal prosecution.

Anyone invited to an interview under caution should obtain legal advice before attending.

Housing Benefit and Universal Credit Housing Costs

Housing Benefit is being replaced by Universal Credit for most new working-age claims.

New Housing Benefit claims are now generally limited to people who:

• have reached the qualifying pension age; or
• live in certain supported, sheltered or temporary accommodation.

Most other working-age tenants must claim help with rent through Universal Credit.

Disputes may concern:

• eligible rent;
• Local Housing Allowance;
• the bedroom rules;
• non-dependant deductions;
• income or capital;
• overpayments;
• backdating;
• temporary absence;
• rent liability; or
• whether accommodation qualifies for Housing Benefit.

Discretionary Housing Payments

A person receiving Housing Benefit or the housing-cost element of Universal Credit may be able to apply to their local council for a Discretionary Housing Payment.

This may help with:

• a shortfall between benefit and rent;
• rent in advance;
• a deposit;
• moving costs; or
• other qualifying housing needs.

These payments are discretionary and local policies vary.

Council Tax Reduction

Council Tax Benefit has been replaced by local Council Tax Reduction or Council Tax Support schemes.

A person on a low income or benefits may apply to their local council.

Entitlement and challenge procedures depend partly on the local scheme.

Disputes may concern income, savings, household members, disability premiums, backdating or whether the correct reduction was applied.

Social Fund and Other Emergency Support

The former discretionary Social Fund no longer operates in its original form.

Current forms of support may include:

• Budgeting Loans for some people receiving specified legacy benefits;
• Budgeting Advances for eligible Universal Credit claimants;
• Funeral Expenses Payments;
• Sure Start Maternity Grants;
• Cold Weather Payments;
• Winter Fuel Payments;
• short-term benefit advances;
• local welfare assistance; and
• local crisis or household support schemes.

Eligibility, repayment requirements and application procedures differ between schemes.

Budgeting Loans

A Budgeting Loan may be available to someone who has received certain qualifying benefits for at least six months.

It is interest-free but must be repaid through deductions from benefit.

Universal Credit claimants normally apply for a Budgeting Advance instead.

Funeral Expenses Payment

A Funeral Expenses Payment may be available where the person arranging a funeral receives a qualifying benefit and meets the relationship and responsibility requirements.

A claim must normally be made within six months of the funeral.

Changes of Circumstances

Claimants must report relevant changes promptly.

These may include:

• starting or leaving work;
• changes in earnings;
• moving home;
• another person joining or leaving the household;
• marriage, separation or living with a partner;
• changes in savings or property;
• hospital admission;
• travel or residence abroad;
• changes in health or care needs; and
• changes affecting children or caring responsibilities.

Failure to report a relevant change may result in overpayment recovery, penalties or investigation.

Evidence in Welfare Benefits Cases

Useful evidence may include:

• decision letters;
• mandatory reconsideration notices;
• benefit statements;
• Universal Credit journal entries;
• medical records;
• care plans;
• bank statements;
• payslips;
• tenancy agreements;
• rent statements;
• letters from employers or carers;
• appointment records;
• telephone notes; and
• copies of information previously supplied.

Claimants should retain copies of forms, evidence and correspondence.

Legal Aid and Free Advice

Legal aid for welfare benefits work is limited.

It may be available for certain appeals to the Upper Tribunal, Court of Appeal or Supreme Court, subject to financial eligibility and the merits of the case.

Initial advice and representation may also be available from:

• Citizens Advice;
• local authority welfare rights services;
• law centres;
• disability organisations;
• housing charities;
• trade unions;
• community advice organisations; and
• specialist welfare rights representatives.

How a Welfare Benefits Solicitor Can Help

A solicitor may assist by:

• assessing benefit entitlement;
• advising on legal rights;
• reviewing decisions and calculations;
• preparing written representations;
• requesting mandatory reconsideration;
• challenging sanctions;
• disputing overpayments;
• advising on housing-cost decisions;
• preparing tribunal appeals;
• representing claimants at hearings;
• challenging procedural unfairness;
• advising on benefit fraud investigations;
• appealing to the Upper Tribunal on a point of law; and
• bringing judicial review proceedings where appropriate.

Finding a Welfare Benefits Solicitor

Benefit decisions can affect income, housing and access to essential support. Short challenge and appeal deadlines mean that advice should be obtained as soon as possible.

Use the search facility at the top of this page and enter your postcode or town to find a solicitor who advises on welfare benefits, benefit appeals, and related public law matters.

This guide provides general information about welfare benefits law in England and Wales. It does not constitute legal or financial advice and should not replace advice about an individual benefit claim or decision.