Form SSCS2 UK: Appeal a Child Maintenance Group Decision

At a glance

• What it's for: appealing a DWP Child Maintenance Group decision to the Social Entitlement Chamber of the First-tier Tribunal.
• Precondition: you must already have a mandatory reconsideration notice — you cannot appeal straight to the tribunal.
• Who can appeal: a "qualifying person" under section 20 of the Child Support Act 1991 — the person with care, the non-resident parent, or, where the maintenance calculation was applied for under section 7 of the Act, the child concerned.
• Time limit: one calendar month from the date the mandatory reconsideration notice was sent, under rule 22(2)(d)(i) of the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 (SI 2008/2685).
• Outer limit for late appeals: 12 months from the original deadline — the tribunal cannot extend time beyond that under rule 22(8) of the same Rules.
• Fee: none. There's no charge to ask for mandatory reconsideration or to lodge Form SSCS2, and HMCTS can reimburse reasonable travel expenses if you attend a hearing.
• How you submit it: by post only. Child maintenance appeals cannot currently be started online, unlike some other DWP benefit appeals.
• Only for decisions made after 28 October 2013 — earlier Child Maintenance decisions follow a different route (check GOV.UK if your decision predates this).
• Coverage: England, Scotland and Wales. Northern Ireland has separate child maintenance appeal arrangements.

What Form SSCS2 is for

Form SSCS2 is the official notice of appeal used to ask the Social Entitlement Chamber of the First-tier Tribunal to review certain Child Maintenance Group decisions made by the DWP. The tribunal is entirely independent of the DWP — it sits within HM Courts & Tribunals Service (HMCTS), not the department that made the decision you're challenging.

Section 20 of the Child Support Act 1991 gives a "qualifying person" a right of appeal against decisions the Secretary of State has made about a maintenance calculation, or a refusal to make or change one, as well as against the imposition of penalty payments or fees. The tribunal tests whether that decision was right in law and on the facts; it doesn't start the assessment from scratch, and it can't take into account anything that happened after the decision was made (section 20(7)).

Who counts as a "qualifying person"

Not everyone affected by a Child Maintenance Service decision can appeal it in their own name. Under section 20(2) of the Child Support Act 1991, the qualifying person is normally the person with care or the non-resident parent that the decision was made about. Where the maintenance calculation was originally applied for under section 7 of the Act — the route that allows certain young people to apply for their own child maintenance — the child concerned can also be a qualifying person. A new partner, grandparent, or anyone else affected only indirectly by the decision doesn't have a right of appeal of their own, even if the outcome affects their household finances.

Before you can appeal: mandatory reconsideration

You cannot go straight to the tribunal. Before you have a right of appeal, the DWP must first have considered whether to revise its own decision — a step universally known as "mandatory reconsideration". This applies across most DWP benefit decisions, including child maintenance, as confirmed by GOV.UK's mandatory reconsideration guidance.

Contact the Child Maintenance Group and explain clearly what you think is wrong and why. It's free to ask. The DWP will respond with a mandatory reconsideration notice — this is the document that unlocks your right to appeal, and you must send a copy of it with your Form SSCS2.

Which decisions carry a right of appeal

Not every Child Maintenance Service decision can be appealed. As a broad guide, according to the official SSCS2A guidance:

• Decisions on liability and amount — whether someone has to pay child maintenance, and how much — generally carry a right of appeal under section 20 of the Child Support Act 1991.
• Administrative matters — such as how or when a payment is collected — generally do not.

Your decision letter and mandatory reconsideration notice are legally required to tell you whether the specific decision you want to challenge carries a right of appeal. If you believe you have a right of appeal despite what the letter says, you can still send your appeal to HMCTS, make clear in your grounds that you dispute the point, and ask a tribunal judge to rule on it. If the judge agrees, your appeal goes ahead; if not, it ends there as "out of jurisdiction". SSCS2A describes these cases as unusual, and recommends getting advice first.

Should you appeal? What the tribunal can — and can't — do

Before committing to an appeal, it's worth understanding the limits of what a tribunal can achieve. Under section 20(8) of the Child Support Act 1991, a tribunal that allows your appeal can either remake the decision itself or remit the case to the DWP with directions. It can decide whether there's liability to pay child maintenance, how much, and which parent it falls on.

What it cannot do:

• Change the law itself — under section 20(7), it has to apply the statutory child maintenance rules as they stand, even where the result feels unfair.
• Take account of circumstances that didn't exist when DWP made its decision — section 20(7)(b) confines the tribunal to the facts as they stood at the time of the original decision, not what's happened since. A change in your income or care arrangements after the decision was made is a reason to ask DWP for a fresh supersession, not grounds for this appeal.
• Deal with service complaints — delay, poor communication, or how you were treated by DWP staff are handled through DWP's own complaints process, not the tribunal.

HMCTS staff can explain the process but, by design, cannot tell you whether you're likely to win — that judgement is for you, ideally with advice from an experienced source.

Time limits — and what happens if you're late

For most social security and child support appeals, including child maintenance, rule 22(2)(d)(i) of the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 sets the time limit at one calendar month after the date the appellant was sent notice of the result of mandatory reconsideration. The appeal is only treated as made once HMCTS actually receives it — not when you post it — so build in time for the post. Official guidance gives a worked example: if the decision letter is sent to you on 15 March, your appeal must arrive at HMCTS by 15 April at the latest.

If you're outside the one-month window, you must explain why on the form itself. Under rule 22(8):

• A late appeal is generally treated as made in time if it arrives within 12 months of the original deadline and DWP doesn't object.
• The tribunal has no power to extend the time limit beyond that 12-month point, whatever the reason for the delay.

If you're waiting on advice

If you're trying to get advice before appealing and a busy advice service can't see you straightaway, don't let that eat into your one-month window. SSCS2A is explicit on this point: note the deadline and, if it's close, submit the appeal — with reasons for lateness if needed — rather than risk missing it while you wait for an appointment.

How to complete and submit Form SSCS2

1. Get your mandatory reconsideration notice ready. You'll need the date it was sent and a copy of it to send with your appeal.
2. Download and complete Form SSCS2 from the GOV.UK publication page. Everyone must complete sections 1, 2, 3, 5, 6, 7, 7a and 10; other sections only apply in some circumstances. Use black ink and block capitals, since the form is scanned or photocopied before it's sent to DWP.
3. Set out your grounds clearly in section 6 — why you think the decision is wrong, and what you think the correct decision should be. You don't need legal language, but "I disagree" on its own isn't enough; explain what you dispute and why.
4. Decide about confidentiality (section 5). The other party to the case has a right to see evidence submitted in the appeal, which can include documents showing your address. If you don't want the other party to know where you live, you can ask HMCTS to keep your address confidential and it will edit address details out of any evidence before it's shared.
5. Post it, with the mandatory reconsideration notice attached. Child maintenance appeals cannot currently be submitted online — the form must be posted to the HMCTS address shown on the form itself, which differs for England/Wales and Scotland.
6. Sign and date the form. An unsigned appeal can be returned to you for signature, which costs time you may not have if the deadline is close.

What happens after you submit your appeal

HMCTS checks your appeal meets the legal requirements — in writing, in English or Welsh, signed, with reasons and (in most cases) the mandatory reconsideration notice attached. If something's missing, HMCTS will usually write back explaining what's needed rather than rejecting it outright; in limited circumstances it can "waive" a technical requirement rather than insist on it, though you shouldn't rely on that happening. If you don't respond to a request for missing information, HMCTS can "strike out" — bring to an end — an incomplete appeal.

Once accepted, HMCTS sends a copy of your appeal to the DWP, who must respond with a report explaining how they reached their decision. For child maintenance appeals, the DWP has 42 days to provide that response, though it can ask a judge for more time. This response can run to well over a hundred pages, including the decision, a summary of the facts, extracts of the relevant law, and copies of supporting documents — much of which you'll already recognise from your own case.

DWP has two other options at this stage:

• Change the decision in your favour, at any point before the hearing. If it does, your appeal automatically lapses, and you'll be notified. Any replacement decision carries its own fresh right of appeal.
• Object to your appeal being accepted at all — the main grounds given in official guidance are that the decision doesn't carry a right of appeal, the appeal is late without a reasonable excuse, there's not enough information to identify the decision or your grounds, or the appeal has no reasonable prospect of success. If DWP objects, HMCTS may invite your comments before a judge decides whether the objection has merit.

Preparing your evidence

Responsibility for preparing your case rests with you, not the tribunal, which remains neutral throughout. What you tell the tribunal yourself counts as evidence, and documentary evidence — such as accounts if you're self-employed, or correspondence about shared care arrangements — can support your case. Send documents to HMCTS as early as possible rather than at the hearing itself; producing key evidence at the last moment can force an adjournment. Once DWP's response has been received and you've been told the appeal is ready to be listed, you'll typically be given a further window (guidance describes 28 days) to send any additional evidence, or you can ask HMCTS for more time. Papers are sent to the tribunal panel around 10 days before the hearing, so late evidence risks not being considered.

If you'd like a witness to attend, ask them directly and make sure they know when and where. If you want someone from DWP to attend as a witness, you'll need to write to the relevant DWP office — but bear in mind the tribunal has no legal power to compel anyone to attend.

Choosing a hearing: paper or oral

You choose, on the form, whether you want to take part in a hearing:

• An oral hearing — by telephone, video, or in person — lets you and any representative speak directly to the tribunal and answer its questions. The DWP can also take part, sometimes through a "Presenting Officer", though not in every case.
• A paper hearing means the tribunal decides your case on the documents alone, without anyone attending. This only happens if you, the DWP, and the tribunal all agree — if anyone asks for an oral hearing, one is arranged.

You can change your mind before a hearing date is set (by phone) or after one is set (in writing) — but not after the tribunal has already decided your appeal. For child maintenance appeals, the tribunal panel will include a judge, and may also include an accountant where financial expertise is needed.

If your hearing is by phone or video, HMCTS will confirm the arrangements in your hearing notice; if you can't join for a specific reason — no internet access, a disability that affects video participation, or needing an interpreter — tell HMCTS as early as possible so they can adjust the arrangements. It's a criminal offence to record, publish, or photograph any tribunal hearing without authorisation.

Worked example: Priya's appeal

Priya, a fictional person with care, disagrees with a Child Maintenance Group decision about her ex-partner's income for the purposes of the maintenance calculation. She asks for mandatory reconsideration, explaining in writing why she believes DWP used an out-of-date income figure. DWP sends a mandatory reconsideration notice on 3 June upholding its original decision.

Priya has until 3 July to lodge Form SSCS2 — one calendar month from the date the notice was sent, under rule 22(2)(d)(i). She downloads the form, completes sections 1, 2, 3, 5, 6, 7, 7a and 10, attaches a copy of the mandatory reconsideration notice, and posts it to the HMCTS address for England and Wales, arriving on 28 June — within time.

HMCTS accepts the appeal, sends it to DWP, and DWP's 42-day response deadline runs from acceptance. Priya has asked for an oral hearing by video. Several weeks later, DWP's response confirms the original income figure was correct after all — but based on a different underlying calculation than the one Priya challenged. Because DWP hasn't changed the decision in her favour, her appeal proceeds. Priya sends supporting payslips as further evidence well before her hearing, and the tribunal — a judge sitting with an accountant — considers the documents and her oral evidence before making its decision.

After the tribunal decides

If you attend an oral hearing, the decision notice is usually given or posted to you the same day; paper decisions arrive by post shortly afterwards. The tribunal itself has no power to enforce its decision — implementation is then a matter for the DWP, and you should direct any queries about how the new decision is being put into effect to them. In practice DWP implements tribunal decisions in the great majority of cases, and expect a short delay while DWP considers next steps after receiving the decision.

Correcting, setting aside, and appealing further

• Accidental errors (a "slip of the pen", such as a wrong date) can be corrected on request.
• Setting aside — cancelling the decision and arranging a fresh hearing — is available only in limited circumstances: a document relating to the proceedings wasn't sent or received in time, a hearing was arranged but you (or DWP) didn't attend and the tribunal accepts the explanation, or there's been some other procedural irregularity. The application must be made in writing within one month of the decision notice or statement of reasons, whichever is later; the tribunal can extend this time limit for good reason.
• Further appeal to the Upper Tribunal is only available on a point of law — for example, that the tribunal applied the law incorrectly, breached proper procedure, or failed to make adequate findings of fact or give adequate reasons — not simply because you disagree with the result. You must first request a statement of reasons within one month of the decision, then apply for permission to appeal within one month of receiving that statement. Both time limits can be extended by the tribunal for good reason.

Common mistakes that weaken an appeal

• Writing "I disagree" without saying why. The tribunal needs to understand what you dispute and, ideally, what you think the correct decision should be — vague grounds make it harder for the tribunal to focus on the real issue before the hearing.
• Forgetting the mandatory reconsideration notice. HMCTS can return an incomplete appeal, costing you time against a deadline that doesn't pause while paperwork goes back and forth.
• Sending evidence late, or only at the hearing. Papers go to the tribunal around 10 days beforehand; late evidence risks an adjournment rather than a swift decision.
• Assuming a postponement will be granted. HMCTS aims to avoid cancelling hearings once a date is set, and expects postponement requests only in exceptional circumstances such as illness or bereavement — don't assume a hearing won't go ahead until you have written confirmation.
• Missing the setting-aside or further-appeal deadlines. Both the one-month window to apply to set aside a decision and the one-month window to request a statement of reasons run from the date of the decision notice, not from when you get round to reading it.
• Not telling HMCTS about a change of circumstances. A new address, a new or changed representative, or a change of mind about the type of hearing all need to be reported to HMCTS directly — even if you've already told DWP, since the tribunal service is independent of the department.

Getting help with your appeal

You're entitled to bring a representative — a friend, relative, or someone from an advice organisation — though you'll usually need to arrange this yourself. Citizens Advice, local welfare rights services, law centres, and some solicitors can help with preparing your case, and some will attend the hearing with you. Registering a representative on Form SSCS2 means they can help prepare and submit your appeal and see the evidence submitted by all parties, but even with a representative, the tribunal will usually still want to hear directly from you, since you have first-hand knowledge of your own case.

If you'd like a broader steer before you commit to the process, our Form SSCS1 guide covers the equivalent process for other DWP benefit decisions, and our guide on requesting changes during tribunal proceedings explains what to do if your circumstances shift after you've already lodged an appeal.

What to do next

1. Ask for mandatory reconsideration first, if you haven't already, setting out clearly why you think the DWP's decision is wrong.
2. Check the decision actually carries a right of appeal, and that you're a "qualifying person" able to bring it — liability and amount decisions usually carry a right of appeal; administrative matters usually don't.
3. Note your one-month deadline from the date of the mandatory reconsideration notice, and don't wait until the last few days to post your appeal.
4. Gather your evidence — income documents, correspondence with the CMS, or records of shared care — and write out your grounds in plain, factual language, sending evidence to HMCTS as early as you can.
5. Complete Form SSCS2, attach the mandatory reconsideration notice, and post it to the address shown on the form.
6. Decide on paper or oral hearing, and get advice early if your case is finely balanced or the stakes are significant.

This guide provides general information about how the Form SSCS2 appeal process works in England, Scotland and Wales. It is not legal advice and is not a substitute for advice tailored to your specific circumstances. The law and procedure described were accurate as at August 2026 and are subject to change — always check GOV.UK and legislation.gov.uk for the most current position.

Last reviewed: August 2026 · Next review due: August 2027 or on legislative change.