Page 90 - Reforming Benefits Decision-Making

deadline they are not able to appeal. Under our proposed reforms, there would
no longer be a mandatory reconsideration notice, however, we recommend
that the wording of decision letters (and mandatory reconsideration
notices whilst they are retained) should make claimants aware that if they
miss the one-month deadline, they may still be able to appeal if there is a
good reason for the delay. The exact wording will need to be carefully
considered and subject to user testing so as to ensure that claimants do not
delay appealing yet understand they are entitled to appeal outside the standard
deadline.

Appeal form

3.32 Since 2016 HMCTS has been undertaking a court and Tribunal reform
programme which seeks to modernise the UK justice system through the use
of digital technologies. As part of this programme appellants in England,
246
Wales and Scotland can now make PIP, UC and ESA appeals online. If they
are using the online system, they do not need to upload or submit a copy of
their mandatory reconsideration notice. Alternatively, appellants can fill in a
paper version of the appeals form and return it by post with a copy of their
mandatory reconsideration notice. The same appeals form is used for UC, PIP
and ESA appeals.
247
3.33 Although this report focuses on the benefits for which the online appeals form
is currently available, for other benefits there is currently no online appeals
process. This is also the case in Northern Ireland where appeal forms must
still be downloaded and completed (and then can either be posted or scanned
248
in and served by email). The Working Party would like to see an online
application process developed for all appealable benefits decisions, in both
Great Britain and Northern Ireland so that appellants can choose the most
appropriate method of making an appeal for them. We note that the lack of an

246 HMCTS, Guidance: The HMCTS reform programme (May 2021).
247 HMCTS and Social Security and Child Support Tribunal, SSCS1 PIP/ESA/UC Benefit appeal form.
248 Benefits appeals in Northern Ireland are made to the Appeals Service Northern Ireland, which is still
under the administration of the DfC.

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