Housing Benefit reconsiderations and appeals
Introduction to reconsiderations and appeals
The Housing Benefit and Council Tax (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 claimant's income or the
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 reconsideration?
The person affected 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
late 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 reconsideration?
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 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 Tribunals Service to look at the
Council's decision?
A person affected by a decision may request
that a First Tier 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, 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 First Tier 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?
First Tier 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 a
Tribunal Judge 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 Tribunal is wrong in law they can seek
leave to appeal to the Upper Tribunal.
Important Notes
The amount of benefit payable is a matter
between the Council and the claimant.
Only the claimant can ask the Council
to reconsider the amount of benefit payable.
If the Council reduces a claimant's benefit to
recover an overpayment in respect of a previous address, the
current landlord cannot appeal against the determination to recover
that overpayment.