Housing Benefit Review and Appeals
Introduction to Reviews 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 DSS, 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 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 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.
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 determination to recover
that overpayment.
Allerdale Borough Council
