Guides › Public Services › Benefit Tribunal Got It Wrong? Set Aside and the Upper Tribunal
Benefit Tribunal Got It Wrong? Set Aside and the Upper Tribunal
If you think the tribunal made a mistake in the process, you can ask for the decision to be set aside. If you think it was wrong for a legal reason, ask the tribunal for a statement of reasons within one month of the decision, then ask for permission to appeal to the Upper Tribunal. If the tribunal refuses, you can ask the Upper Tribunal itself.
At A Glance
Your Rights
What the rules say, with a link to the official source for each.
If the Tribunal Was Wrong
Set Aside
If there was a mistake in the process, you will be told how to get the decision set aside. source
Statement of Reasons
Ask the tribunal for full written reasons, known as a statement of reasons, within one month of the date of the decision. source
Upper Tribunal
Then ask the tribunal for permission to appeal to the Upper Tribunal. You can only appeal if you think the decision was wrong for a legal reason. If the tribunal refuses, you can apply to the Upper Tribunal for permission. source
Time Limits to Know
Miss a deadline and you can lose a right. Check the dates on your own paperwork.
- 1 monthAsk for a statement of reasonsFrom the date of the decision
Steps to Take
Step 1 of 5
Ask for a statement of reasons within one month.
Step 2 of 5
Read it to see why you lost.
Step 3 of 5
Get specialist advice on whether there is a legal error.
Step 4 of 5
Ask the tribunal for permission to appeal.
Step 5 of 5
Consider a fresh claim if your condition has changed.
(Tap the numbers to reveal steps)
Where to Go If It Is Not Put Right
Your options, in order, and when each one applies.
Appeal to the Tribunal (GOV.UK)
Free and independent. Usually within one month of the reconsideration decision.
Citizens Advice
Free, independent help with benefits, including challenges and appeals.
Good to Know
Small things that make your complaint stronger.
An appeal to the Upper Tribunal is about legal mistakes, not a second chance to give evidence.
Rules here are for England and Wales. Scotland has its own disability and carer benefits from Social Security Scotland, and Northern Ireland benefits are run through nidirect.
Want Help?
If you would like one of our team to look at your problem, our initial case review is free. We cannot guarantee any outcome and we do not give legal advice.
Lead reviewer
Luke Marley
Founder and Lead Reviewer
Luke founded CPUK in 2026 after seeing how hard it is for ordinary people to get problems with companies put right. He oversees our guides and checks them against official sources.
Research by Katie Burt, Co-founder and Operations Lead (17 years in the care sector, including managing services for vulnerable adults), and the CPUK Research Team. Researched with AI-assisted research tools, then checked and corrected by our team.
Last checked: 15 October 2026. We are not paid by the companies we write about. Adverts never affect our guidance. Read our editorial policy.
Sources and official links
- gov.uk/appeal-benefit-decision/unhappy-tribunals-decision Checked 15 October 2026
- gov.uk/appeal-benefit-decision Checked 8 October 2026