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The Appeals Process


If you want more information about the Council's decision you must contact them straight away, because you only have one month from the date of the decision letter:

  • to ask the Council to look at your claim again (this is called a "revision request")
  • to ask for a written "statement of reasons" for the decision,
  • or to appeal.



A Revision Request

This 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. If the decision is wrong it should be changed. If the decision cannot be changed the Council should write again to inform you. In either case, if you appeal, the one month time limit starts again.



Statement of Reasons

This sets out:
  • how your benefit has been calculated,
  • the information the council has used to make their decision,
  • the way any overpayment has been calculated (if applicable)
  • the relevant Housing Benefit regulations which apply to your case and the reason why they do/do not apply.



Appeal

This means that an independent tribunal hearing will consider the Council's decision. You must write to the Council with the reasons for your appeal and make sure that you sign it. If the decision is wrong the council should change it. If the decision cannot be changed the council should write to inform you. The appeals service will then look at your appeal at a tribunal hearing. The tribunal is independent from the council and is made up of legally qualified people trained in Housing Benefit and Council Tax Benefit. If you want to appeal against the decision you must let the council know within one month of the decision letter, (or if you asked the council to look at the decision again one month from that decision).

If your appeal is late you must include an explanation of why you could not appeal within one month.



You can use the Appeals form if you:

  • want to ask for a statement of reasons
  • want the council to look at our decision again
  • want to appeal to an independent tribunal.



Will the person affected have to attend the tribunal?

Tribunals are held locally. The Tribunals Service will write to the person to tell them of the date, time and place of their hearing. They will also be asked if they want to attend or whether they would prefer the Tribunal to consider their case without them being present, this is called a 'paper 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 am not happy with the tribunal's decision?

If the Council or the person affected feels that the decision of the Appeal Tribunal is wrong in law they can seek leave to appeal to the Social Security Commissioners.

Read our Testimonials.


Contents
The Appeals Process
A Revision Request
Statement of Reasons
Appeal
Will the person affected have
to attend the tribunal?

What if I am not happy with the
tribunal's decision?




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