Housing and Council Tax Benefit - Appeals
If you want to know more about a decision regarding your benefit entitlement, or if you think it is wrong, you should contact us as soon as possible.
If there is anything you are unclear about, we can provide you with an explanation. If you disagree with a decision you can ask us to look at it again – this is called a ‘reconsideration’. If we cannot change the decision we will tell you why.
If you still disagree, you have one month to appeal from the date of the new decision.
Appealing against a decision
An appeal can be made at any time within one month of the date of your notification letter or the date of the new decision. If you have already asked for an explanation, or for us to look at the decision again, you can still appeal.
To appeal against a decision, you must write to us saying which decision you are appealing against and give your reasons for doing so. Your appeal will be heard by an independent tribunal administered by the Appeals Service.
Remember that you should contact us using the details on the right within one month of the date of your notification letter or we may not be able to consider any dispute.
- The Appeals Process
- How must an appeal be made?
- Who may make an appeal?
- Evidence required
- Reviewing our decision
- If you are not happy with our decision after we have reviewed your case
- Taking your case to First Tier Tribunal
- Taking your case to the Upper Tier Tribunal
- Guidance Notes
- Definition of Terms
You can challenge a decision in a number of ways:
- ask the Housing Benefit department for an explanation of the decision. You can ask for this verbally or in writing.
- ask the Housing Benefit department for the decision to be looked at again. This is known as a reconsideration.
- submit an appeal in writing giving reasons why you disagree with the decision.
How must an appeal be made?
An appeal must be made in writing identifying the decision you disagree with and stating the reasons why you believe the decision to be wrong. Our Appeals form for you to complete can be found on the right. The appeal must be received in this office within one calendar month from the date we wrote to you. An appeal may only be considered outside this time limit if there are special circumstances. There is an absolute time limit of 13 months from the date of the original decision notification letter.
Who may make an appeal?
Persons affected by the claim may appeal. Persons affected are the claimant, landlord or landlord’s agent or an appointee. If you are acting on a claimant’s behalf we must have signed authority foryou to do so. A claimant has the right to request a review of all the decisions made on the claim. A landlord may only be able to appeal against decisions relating to how they are paid and how often. If we are pursuing a landlord for repayment of an overpayment they may also appeal about this.
Evidence required
Any relevant evidence to support your appeal should be handed in with the appeal form, for examplewage slips, receipts or medical certificates. You mustprovide originals, these will be scanned and given back to you. We recommend that you bring these documents to the Benefits office in person. We cannot accept responsibility for documents lost in the post.
If you request a ‘reconsideration’, The Housing Benefit department will review the assessment of your claim and notify you in writing of our findings as to whether or not the decision can be changed. You need to support any statement you make with evidence. For example, if you are disputing the income used in the assessment of the claim, you will need to provide evidence of what the correct income was in order for the Housing Benefit department to recalculate your claim. If further information is required during this process we will contact you.
If your appeal is regarding an overpayment we will,wherever possible,put any further recovery action on hold pending the outcome of the appeal.
If you are not happy with our decision after we have reviewed your case:
- You can continue your appeal to anIndependent Tribunal, called the First Tier Tribunal. This isadministered by the Tribunals Service - see the Tribunals Service Web site for more information.
- If you are not happy with the result of the Tribunal, you can seek further appeal rights through the Upper Tier Tribunal - see the Upper Tribunals Web site for more information.
Taking your case to First Tier Tribunal
If you arenot happy withour decisionyou can continue with your appeal to theTribunals Service who are an independent body.
Your case will then be prepared by the Council and submitted to the Tribunals Service for consideration. TheTribunals Service will contact you directly from this point onwards. Once your appeal is accepted it will be listed for an independent hearing. TheTribunals Service will write toyou advising of the date, time and place ofyour hearing.You will also be asked ifyou wish to attend or whetheryou would prefer the Tribunal to consideryour case without being present.
Taking your case to the Upper Tier Tribunal
Ifyou disagree with the decision of the First Tier Tribunal,you may be able to appeal to the Upper Tribunal. A legally qualified tribunal member will decide ifyour appeal can be sent to the commissioners or if another tribunal should look at the appeal again.
Guidance Notes
Youcan ask an advice centre, solicitor or another suitable person or organisation to help with your application.You are advised to check whether financial support is available to helpwith yourappeal before committing yourself to legal expenses which you may be unable to meet.
Advice centres like the Citizens Advice Bureau and law centres can represent you and helpyou understand the reasons forbenefit decisions. They can sometimes go withyou to the tribunal that hears yourappeal.
Term: First Tier Tribunal
Definition: First Tier Tribunals are run by theTribunals Service and are usually made up of one or two panel members, none of whom has any connection with the local authority, and who will be experts on the issues involved with the appeal. At least one will be a Judge.
Term: Upper Tier Tribunal
Definition: The Upper Tier Tribunal comprises of Judges and expert members, who are appointed by the Judicial Appointments Commission. They are independent of both the Department for Work and Pensions and all local councils.
 |
Listen |  |
Feedback |  |
Downloads
Appeals Form (30kb)
