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To appeal against benefits decisions clients need to be quick off the mark, writes Gary Vaux.

Nothing ever seems to stand still within the benefit system. No sooner does working families tax credit replace family credit, it too gets replaced (in April 2003) with a working tax credit topped up by a child tax credit.

The Benefits Agency becomes Job Centre Plus and Pensions Service. But whatever changes are made to the structure and names, some things remain constant. Unfortunately, one of those is the quality of decision-making on benefits.

It is important then that social care staff are aware of what should be done to help people get the correct decision, or at least one that they are satisfied with.

Every decision issued by the Department for Work and Pensions, the Inland Revenue and the local authority housing benefit or council tax benefit sections should be sent to you in writing. In these letters, an appeal rights should be explained.

It is crucial that advisers are aware of the very strict time limits that apply when a client wants to challenge a decision that they are unhappy with. If the time limit is missed - usually one month from the date of the decision letter - the client will have to point to some exceptional circumstances for a late request to be admitted.

If your client is unhappy with the decision when they receive it, they can:

- Ask for written reasons. This extends the one-month time limit by 14 days. There are some benefits, such as incapacity benefit and retirement pension, where written reasons cannot be requested.

- Ask for a revision, in writing, with extra supporting information. If the revision request fails, you then have another month to make an appeal.

- Appeal in writing, ideally on form GL24, available from social security offices, or form WFTC/AP, available from the Inland Revenue. When the department that made the original decision receives the appeal, they should look at their decision again before sending it off to the independent appeals service. If they change the decision in a way that is favourable to the client, the original appeal will lapse. Many people do not realise that, and think that their appeal will still go ahead on the disputed matters. The client will actually need to appeal again.

Sometimes, your client may need to have a decision looked at again, even if some time has passed since the original decision. One obvious example is a person who has been awarded a rate of disability living allowance that was right at the time of award, but the person's care or mobility needs have increased, and you feel a higher rate of DLA is merited.

Outside the time limits for a revision or appeal, you can ask for a "supersession" if:

- The circumstances have changed since the original award.

- There was a mistake about the facts of the case or it was made in ignorance of the facts.

- The original decision was legally wrong.

The supersession can be requested at any time but it normally only takes effect from the date you ask for it. If the supersession request is refused, there is then a right of appeal as described above.

It is also possible for some appeals to be struck out by the appeals service because they are "without merit" such as where someone appeals against the rate of income support they have been awarded because the price of cat food has gone up. CC

Gary Vaux is head of money advice, Hertfordshire Council. He is unable to answer queries in person. If you have a question to be answered in Welfare Rights, please write to him c/o Community Care