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Housing benefit appeals
If you want to know more about a benefit decision, or you think
the decision is wrong you should contact us within one month
of the date of your entitlement letter.
If you do not contact us within one month we may not be able to
consider your dispute.
Challenge your entitlement
You will first need to write to us at the Payments,
Benefits and Customer Service Office to challenge your
entitlement.
In your letter please state exactly why you feel your
entitlement is incorrect. Depending on what you ask will make a
difference as to how we go about responding to you.
When we receive your letter we will write back to you letting
you know how we came to that decision. We then give you 14
days where you can either:
- accept our decision
- have your Housing Benefit reviewed
- appeal against it
There will be instructions within the letter should you wish to
take it further.
Accept our decision
If you don't respond within 14 days we will take that you have
accepted the decision and the Housing Benefit that we set you will
remain.
Have your Housing Benefit reviewed
A review is where we look at the decision to see whether it can
be changed. Either way we will let you know.
Appeal against it
You have one month to appeal from the date you received your
Housing Benefit letter. An appeal must be made in writing
giving enough details to identify the decision appealed
against. We will look again at your Housing Benefit decision.
If the decision is changed in your favour you will be told of the
new decision. If this happens but you are not happy with the new
decision you must make a new appeal within one month of the date of
the new decision.
If we do not change our decision your appeal will then be sent
to the Tribunals Service.
The Tribunal Service
The Tribunal Service will send you a pre-hearing enquiry form,
called a TAS 1. The form asks you for details of any special needs
you have such as an interpreter. You are also asked if you have a
representative and if you want an oral or paper hearing. You must
fill this form in and return it to The Tribunals Service in 14
days.
Opting for an Oral or Paper Hearing
You can choose to have an oral hearing or a paper hearing of
your case. An oral hearing is when you go along in person to put
your side of the story before the Tribunal. A paper hearing is when
a Tribunal will make a decision on your case based on the paper
evidence only.
It is often better to choose an oral hearing as this gives you
the best opportunity to explain the facts of your case. An oral
hearing is informal and the tribunal Judge should put you at ease.
It also allows the Tribunal to meet you in person to discuss issues
they might not fully understand.
Will I need a representative?
Tribunals are set up for people to represent themselves so you
do not need to have a representative. But, you can bring a family
member or friend with you for support. Sometimes a local advice
centre such as the Citizens Advice Bureau will be able to represent
you. You can also ask the Welfare Benefits Team to
assist you.
What happens at an appeal?
The Tribunal will usually consist of a legally qualified person,
however in some cases there may also be a financial member, an
accountant. The appeal is organised by The Tribunals Service,
which is separate from local councils and the Department of Work
and Pensions.
An Officer from the Council may attend. They are not there to
argue against you. Their role is to explain the Council's decision.
They will give an outline of the case and help the Tribunal arrive
at a fair decision.
The Tribunal members will usually want to ask you some questions
about the issues you have raised in your appeal. You can ask the
Tribunal Judge to explain anything you do not understand. You will
also be given the chance to put forward the arguments you have
prepared.
It is up to you to put forward the facts of your case and show
the Tribunal that you meet the qualifying conditions for Housing
Benefit. Do not assume that the Tribunal will know all the facts of
your case already.
What happens after the appeal?
The Tribunal will make a decision on the same day, normally
straight away. However, they may need to consider the case, in
which instance they will notify you of the decision within seven
days. If you are not successful you may be able to challenge the
decision further. You must ask the Tribunal for a 'statement of the
reasons' for the decision. You can ask for the 'statement of the
reasons' there and then, or you can write within one month of the
hearing. You should seek expert advice on how to challenge the
Tribunal decision further.
What if I want to appeal after one month of receiving my
housing benefit letter?
We will only accept a late appeal in very special
circumstances such as the death of a family member. Either
way its best to contact us straight away and we will let you know
if you have the right to appeal.
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