Late appeals

The Appeals Service may not be able to accept your appeal if it is received more than one month after the date on the decision letter.

They can only accept a late appeal if there are special circumstances that caused the delay.

These could be death of a member of your family, a serious illness, absence from abroad, a postal strike or some other special circumstance.

You should include an explanation of why you could not appeal within one month.

A legally qualified tribunal member will look at the reasons you have given for not appealing in time and will decide if your appeal can be accepted.

They look at:

  • Whether there were special circumstances for the delay
  • The length of time since you received the decision
  • Whether it is in the interests of justice that your appeal is accepted, and
  • Whether your appeal is reasonably likely to succeed

The Appeals Service cannot accept a late appeal if the only reason is that you misunderstood the law, or interpretation of the law has changed since the decision was made.

Your appeal cannot be accepted if you appeal 13 months or more after the date on the decision letter.