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Housing and Council Tax Benefit - How to appeal against a benefit decision
What is a relevant decision?
A relevant decision is any matter concerning a claim for benefit.
For example, the:
- amount of benefit payable;
- rent eligible for benefit;
- calculation of income; or
- calculation and recovery of an overpayment.
Some decisions, mainly administrative decisions, do not carry a right of appeal. You will be notified if the matter you are disputing does not carry the right of appeal.
A request for a revision means that we will look at our decision again to make sure your claim has been dealt with correctly.
An appeal means that an Independent Tribunal will consider our decision.
Who is a person affected?
- You – if you are the claimant.
- Someone acting on your behalf, who has been appointed by the courts.
- Someone who we agree has been appointed to act on the behalf of the claimant.
- A landlord (but only in connection with benefit paid to them on your behalf).
- An agent (but only in connection with benefit paid to them on your behalf).
- Any person from whom we decide to recover an overpayment.
This means only the claimant can ask us to revise a decision concerning the calculation of benefit entitlement. A landlord/ agent can ask us to revise our decision only about whether payment should be made to them and/or whether a decision to recover an overpayment from them has been correctly made.
What if I'm unhappy with a decision?
You (if you are an affected person) can ask us about our decision and ask for further information. We will explain it to you.
If you are still not happy, you can appeal or request a revision of our decision.
To request a revision you must write to us within one calendar month of the date of the notification letter.
In exceptional circumstances, we can extend the time limit for requesting a decision to be revised. For the time limit to be extended you must write to us giving your reasons for not requesting a revision at the appropriate time.
We cannot consider late requests if they are made 13 months or more after the decision notice was first issued.
Will you notify me of the outcome of my revision request?
Yes.
We may ask you to provide further information to help us make a final decision. If we request further information you have one calendar month to provide it.
After considering our decision we will write to you stating either:
- that the decision has been changed; or
- that the decision will stay the same.
If we change our decision your right of appeal starts again.
If we do not change our decision you can appeal to an Independent Tribunal.
You can also ask us to provide the reasons for our decision. This is called a "statement of reasons".
A "statement of reasons" can be requested by writing to us.
Requesting a statement of reasons does not affect your right of appeal and we will extend the time limits for requesting a revision and seeking an appeal if you ask us to explain our reasons.
What happens when I appeal against a decision?
When you appeal:
- If we haven’t already done so, we will offer to you a "statement of reasons" which will explain our decision.
- If we haven’t already looked at our decision, we will review our decision.
- If, at this stage we agree that the original decision was wrong we will amend the decision and send you a new decision letter. Your appeal will then stop.
- If you do not agree with the new decision, your appeal rights start all over again.
- If we agree that the original decision was wrong but the new decision is not in your favour, your appeal will be sent along with an explanation of the facts used to the Appeals Service to arrange a Tribunal hearing.
- If we do not change our decision, we will send your appeal, along with an explanation of the facts used to the Appeals Service to arrange a Tribunal Hearing.
We will also send the Appeal Service all the relevant papers e.g. your claim form and appeal letters.
We will send you and/or your representative (if you have appointed one) a copy of the Appeal papers. We will also include a form called “TAS1” which you must return to the Appeals Services within 14 days of us sending it to you.
If you do not return the “TAS1” to the Appeals Service your appeal will not continue.
The “TAS1” form asks you whether you want the appeal to proceed (after you have seen all the papers) and gives you the opportunity to decide what type of hearing you would like. You can have either an “oral” or “paper” hearing (see below).
Do I have to attend the Tribunal?
No, you can request a “paper” hearing.
Your appeal will be heard and the Appeal Service will send you the decision.
But if the Appeal Service thinks that you need an oral hearing, they can refuse your request for a “paper” hearing.
What is an oral hearing?
An appeal hearing which you can go to. At an oral hearing:
- The Tribunal can ask you questions.
- You can ask questions.
- You can take a representative.
- You can call witnesses to evidence.
- Our representative may ask you questions.
Oral hearings are normally open to the public. You can have your appeal heard in private.
Who will be at a Tribunal hearing?
In most cases the Tribunal will consist of only one panel member who is a legally qualified person. If, however, complicated financial matters are to be considered a financially qualified person will also be present. The clerk to the tribunal and the Council’s representative may also be present.
What if I'm unhappy with the Tribunal's decision?
If you think the decision of the Appeal Tribunal is wrong in law you can seek leave to appeal to the Social Security Commissioners.
Appeals can be made by:
- anyone who has already appealed to the Appeals Service;
- us; and
- the Department of Works and Pensions.
Your decision letter from the Appeals Service will tell you what to do if you are unhappy with the outcome of the Tribunal.
Read it carefully as there are time limits for appealing.
How can I find more information?
If you have further questions about appeals you can contact
Council Tax and Housing Benefits or the
Appeals Service.