The Housing Benefit and Council Tax Benefit (Decision and Appeals) Regulations 2001 state that any 'person affected' by a relevant decision can ask us to revise our decision. It also states that a person affected can appeal against our decision to an independent appeal tribunal.
What is a Relevant Decision?
A relevant decision is any matter concerning a claim for benefit, for example:
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the amount of benefit payable,
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the rent eligible for benefit,
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the calculation of a claimants income or
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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 we 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 our decision.
Who is a Person Affected?
A person affected is:-
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The claimant
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Someone acting on behalf of the claimant who is appointed by the Courts
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Someone who the Council agrees is appointed to act on behalf of the claimant
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A landlord - but only in matters relating to whom payment of Benefit is to be made
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An agent - but only in matters relating to whom payment of Benefit is to be made
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Any person from whom, it is determined, an overpayment is to be recovered
This means that only the claimant can ask us to revise our decision concerning the calculation of their entitlement. The landlord or agent can only ask us to revise a decision about whether payment should be made to them and whether the decision to recover an overpayment from them has been correctly made.
What should you do if you are not happy with our decision?
As a 'person affected', you can query our decision and request further information about it. You can ask us to provide a written Statement of Reasons. The statement will explain how we reached our decision and will not affect your appeal rights. The time taken for us to provide the statement will not count towards the time limit for requesting a revision or seeking an appeal at the Tribunal.
How do you ask for a Revision?
As a "person affected", you must write to us within one calendar month of the date on the notification letter.
You can also request a revision using our 'Appeal Form'. Please click on the following link to print and complete the form:
Appeal Form
In exceptional circumstances we will extend the time limit for requesting a decision to be revised. You must write to us giving reasons for not requesting a revision at the appropriate time.
The Council cannot consider a late request for a revision where the request is made 13 months after the decision notice was first issued.
Will we notify you of the outcome of a request for a revision?
After reconsidering its decision we will write to you, as the "person affected" stating that the decision has been changed or that it will stay the same.
We may request further information from you before we make a final decision. You must provide the information within one month of the request.
How do you ask the Appeal Tribunal to look at the Council's decision?
As a "person affected" by a decision, you may request that the Appeals Tribunal consider our 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.
You can appeal the Council's decision using our 'Appeal Form'. Please click on the following link to print and complete the form:
Appeal Form
You have one month from the date that you are notified of the outcome of your revision request to ask for your case to be considered by the Appeals Tribunal. Late appeals can be considered in some circumstances, such as where the person affected was in hospital and unable to deal with their own affairs, If the Council does not support the reasons for lateness, it will be passed to the Tribunal Service for consideration. Late appeals cannot be accepted for any reason if they are received more than 13 months after the date on the original decision letter.
Appeals cannot be accepted as 'late' for any reason if they are received more than 13 months after the date on the decision letter.
Will you have to attend the Tribunal?
Tribunals are held locally. The Tribunals Service will write to you to tell you the date, time and place of their hearing. You will also be asked if you want to attend or whether you would prefer the Tribunal to consider your case without you 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 you are not happy with the Tribunal's decision?
If either the Council or you feel that the decision of the Appeal Tribunal is wrong in law they must request a written statement of reasons from the Tribunal Service within one month of the decision. If they still disagree they can seek leave to appeal to the Upper Tribunal (formerly Social Security Commissioners).
