Once you have received your notification letter telling you how we have calculated your benefit, you can ask us to take another look at your claim if you disagree with the decision that has been made.
You can request:
- A full statement of reasons of the decision that has been made
- A request for a review of the decision, stating your grounds
- An sppeal against the decision, stating your grounds
Under what grounds can I dispute a decision?
The most common grounds for appeal tend to be the following:
- A dispute over the start date of a claim
- The income or capital taken into account within the assessment
- A dispute regarding overpaid Housing/Council Tax Benefit
- You feel that a mistake has been made within your benefit calculation
- A dispute regarding the refusal of a backdating request
Are all decisions appealable?
In some cases, there is no right of appeal against a Housing/Council Tax Benefit decision that we make; we will write and let you know whether this is the case. For example, there is no right of appeal to an Independent Tribunal (The Appeals Service) regarding the Rent Officer's valuation of your accommodation. There are however other mechanisms whereby a review of such a decision can be made.
How do I appeal?
All requests for either a "Full Statement of Reasons" of the initial decision, a "Request for a review of the decision", or to submit an "appeal against the decision", must be submitted in writing, within one calendar month of the date of the notification letter. You may also wish to use the :Appeals Form (43.5kB)
You must state within your appeal:
- The date of the benefit decision you are disputing
- The grounds for your appeal (providing any supporting documentation where applicable)
- A signature and date of your appeal
The letter should be addressed to The Benefit Supervisor.
What happens next?
Once we receive your letter, this will be passed to our "Benefit Supervisor" who will send a reply to you, normally within six to eight weeks, outlining the results of the reconsideration. You will be advised whether the original decision has stayed the same or changed, and the reasons behind the decision. If the decision which you disagree with does not carry the right of appeal, you will be notified of this. .
How can I find out the progress of my appeal?
You can telephone, fax or email by clicking on Contact Us section on the right-hand side of this page. We are open between 9am – 5pm, Monday – Friday. You may also visit our office between these hours.
It is important to add that our current Service Standard is to answer all letters relating to appeals within six to eight weeks of receiving them, and we would ask you to bear this in mind when contacting us.
What happens if my appeal is unsuccessful?
Where you have appealed a decision and we have been unable to amend it, in some instances, there is a further right of appeal to an Independent Tribunal that is not part of the Council.
You will be notified in writing whether your appeal is to be referred to ‘The Appeals Service’ (A Branch of the Department for Work & Pensions who now hear Housing/Council Tax Benefit Appeals). If this is the case we will prepare a written submission which outlines our reasons for disallowing your appeal, and this will be sent to both ‘The Appeals Service’ and to yourself, with further details of how to pursue your appeal.
When will the Tribunal Hearing take place to decide my appeal?
Generally ‘The Appeals Service’ hear Housing/Council Tax Benefit Appeals within eight to thirteen weeks of receiving the Local Authority's appeal submission and the ‘TAS 1 pre-enquiry Hearing Form’ from the claimant.
What happens if I am facing imminent eviction through the non-payment of Housing Benefit, and my appeal is against this decision?
You should, within your appeal, outline the circumstances and provide written confirmation from your landlord that eviction proceedings have been instigated against you. Upon receipt of this information we will look at the benefit decision again. Where we are unable to change it, we will prepare a written submission which will be forwarded to both ‘The Appeals Service’ and to yourself.
In these circumstances, ‘The Appeals Service’ will fast-track your appeal hearing.
What happens if my appeal succeeds at Tribunal?
Where the appeal is found in your favour at the Tribunal Hearing, the Local Authority will amend the original benefit decision accordingly.The only instance where this may not be possible is where the Local Authority feel that there may be grounds for challenging the legal basis of the decision.
Is there a further right of appeal against the Tribunal's Decision?
If your appeal fails at the Tribunal Hearing this is generally the end of the appeals process. However, if you/your representative consider that the decision is incorrect in law, there may be grounds for requesting a copy of the Chairman's "Statement of Reasons" with a view to seeking "Leave to Appeal" to the Social Security Commissioners.
Where this is the case, "The Appeals Service" will provide details of this process following the Tribunal Hearing.
If you have not registered an appeal against a benefit decision within the one month dispute period, you can request that a late appeal be considered, and this request must be submitted in writing within thirteen months of the decision that you are disputing.
You should outline the reasons why the appeal is being made late and the grounds for your appeal.
We will write and let you know whether or not we can accept the late appeal given the circumstances you outline. Where your appeal is accepted, it will follow the same process as under the heading "What happens next"?.
In the event that we cannot accept your late appeal, we will arrange for your letter to be sent to ‘The Appeals Service’, and they will make the final decision as to whether your appeal can be accepted into the system.
‘The Appeals Service’ will notify you of their decision.
You may wish to seek independent legal advice to assist you with your appeal.
The Citizens Advice Bureau can help/represent you with your appeal. Their contact details can be found via the following links: