Appeals

If you think a decision about your Housing or Council Tax Benefit is wrong

If you have received a decision about Housing or Council Tax Benefit, you may want to know what you can do if you think it is wrong.

A relevant decision is any matter concerning a claim for benefit, for example: the amount of benefit payable, the rent eligible for benefit, the calculation of a claimant's income or the 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 the Council will look again at its decision regarding a claim for benefit and will make sure that it has been done correctly.

An appeal means that a Tribunal, independent of the Council and the DWP, will consider the Council's decision.

Who is a Person affected?

A person affected is:-

• A claimant
• Someone acting on behalf of the claimant who is appointed by the Courts
• Someone who the Council agrees is appointed to act on behalf of the claimant
• A landlord or Agent - but only in matters relating to whom payment of Benefit is to be made
• Any person from whom, it is determined, an overpayment is to be recoverable

This means that only a claimant may ask the Council to revise a decision concerning the calculation of a claimant's entitlement; and that the landlord or agent can only ask the council to revise a decision about whether payment should be made to a landlord and whether the decision to recover an overpayment from the landlord or agent has been correctly made.

Statement of Reasons

A person affected can ask the Council to provide a written Statement of Reasons.  The Statement of Reasons does not affect your right of appeal.  The Statement will explain how the Council reached its decision. The time taken by the Council to provide the Statement may extend the time limit for requesting a revision or seeking an appeal to the Tribunal.

How do I ask for a Revision?

The affected person must write to the Council within one calendar month of the date of the notification letter.

In exceptional circumstances the Council will extend this limit for requesting a decision to be revised.  The person affected must write to the Council giving reasons for not requesting a revision at the appropriate time.  The Council will not consider a later request for a revision where the request is made 13 months after the decision notice was first issued.

How do I ask the Appeal Tribunal to look at the Council's Decision?

A person affected by a decision may request that the Appeals Tribunal consider the Council's decision.  The request must be in writing and must be received by the Council within one month of the date on the decision notification letter.  The Council's leaflet explaining the decision-making and appeals procedures contains a form that can be used to appeal.

Where the person affected previously requested that the Council revise its decision.  Once notified of the outcome of the Council's decision regarding the revision the person affected has one month to request that the Appeals Tribunal consider their case.

In exceptional circumstances the time limit for requesting an appeal can be extended.  The person affected must write to the Council giving grounds for not appealing at the appropriate time.  A request for an extension of the time limit will not be considered if it is made 13 months after the notice of decision was issued.

Further Information

Leaflet on Appeals Procedure

If you require further information, please contact the Council.