Appeals - Housing Benefit
The Housing Benefit (Decision and Appeals) Regulations 2001
state that any 'person affected' by a relevant decision can ask the
Council to revise its decision. It also states that a person
affected can appeal against the Council's decision to an
independent appeal tribunal.
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 claimants 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 - but only in matters relating to whom
payment of Benefit is to be made
- An 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 recovered
This means that only the claimant can 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 a landlord or agent has been correctly made
What should someone do if they are not happy with
the Council's decision?
A person affected can query the Council's decision and request
further information about the decision. The Council will give the
person an explanation, sometimes over the phone. If they are still
not happy they can appeal or request a revision of the Council's
decision
How Do They Ask for a Revision?
The affected person must write to the Council within one
calendar month of the date on the notification letter. In
exceptional circumstances the Council will extend the time 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.
Will the Council notify the person of the outcome
of a request for a revision?
After reconsidering its decision the Council will write to the
person affected stating that the decision has been changed or that
it will stay the same. The Council may request further information
from the person affected before it makes a final decision. The
person must provide the information within one month of the
request.
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 an appeal. The statement will explain how the Council
reached its decision. The time taken for the Council to provide the
statement may extend the time limit for requesting a revision or
seeking an appeal to the Tribunal.
How does a person 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 appeals procedures contains a form that can be
used to appeal.
Where the person affected previously requested that the
Council revise its decision, and has received a reply from the
Council regarding the request, the person has one month from the
date the Council notified the outcome of the request to ask for
their case to be considered by the Appeals Tribunal.
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.
Will the person 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.
Further Information
If you have any further questions regarding appeals you can
contact us using the details above.
Advice centres, like the
Citizens Advice Bureau and
law centres, can represent you and help you understand the reasons
for decisions about Housing and Council Tax Benefits.
Trade unions may also offer free advice to their members. You
can find addresses for these organisations in the business section
of the phone book, the Thomson Local directory, the Yellow Pages or
at a library.
Solicitors
You may be able to get advice from a solicitor under the Legal
Advice and Assistance Scheme. You can find out about this from a
solicitor.
For details of solicitors and advice centres, contact:
The Legal Aid Board, Franchise Development Group 85, Grays Inn
Road, London. WC1X 8AA
Freephone 0500 282 3000
Important Notes
The amount of Benefit payable is a matter between the Council
and the claimant. Only the tenant can ask the Council to review the
amount of Benefit payable. If the Council reduces a tenant's
benefit to recover an overpayment in respect of a previous address,
the current landlord cannot appeal against the decision to recover
that overpayment.
Benefits Team
South Lakeland House
Lowther Street
Kendal
Cumbria LA9 4UD
0845 050 4434