When your claim has been dealt with a decision letter will be issued which advises your entitlement and how it has been calculated.
Any ‘person affected’ by a decision regarding Housing Benefit or Council Tax Reduction can ask us to explain our decision. After this you can ask us to reconsider our decision.
Step 1: If you disagree with a decision
You should first ask for a written statement of reasons, which will explain the facts used to make the decision.
This explanation should be requested within one month of the date on the decision letter and the request needs to be made in writing.
The time that it takes for a statement of reasons to be issued to you will be added to the period of time that you have to appeal.
Step 2: Request a reconsideration
If you have received the statement of reasons and still disagree with the decision, you should complete the online appeals form.
The time limit rules for Housing Benefit and Local Council Tax Reduction appeals are different:
- Housing Benefit - the time limit is one month from the date on the decision letter
- Local Council Tax Reduction - there is no time limit to appeal to a Local Authority
As part of the appeal a different officer will check that the decision is correct. If the original decision is wrong, we will change it.
Your original appeal rights will end and the revised decision will carry a new right of appeal.
Who can make an appeal
A ‘person affected' includes:
- a claimant
- someone appointed by the courts to act on behalf of the claimant
- someone who we agree is appointed to act on behalf of the claimant
- a landlord or agent, but only in matters relating to whom payment of benefit is to be made
- any person from whom an overpayment is to be recovered
If you are a landlord or agent
A landlord or agent can only ask us to revise a decision about whether payment should be made to a landlord and if the decision to recover an overpayment from a landlord or agent has been correctly made.
Requesting a late Housing Benefit reconsideration
Your request should usually be made within one month of the date of the decision.
The maximum period for accepting a late appeal is 13 months after the date of the original decision.
A late Housing Benefit appeal may be accepted if there are special circumstances why you could not submit your appeal within one month.
If you make a late appeal, you should include an explanation of why you could not appeal within one month.
Step 3: If the decision cannot be changed
We will send you a letter explaining why we cannot change the decision. You then need to decide whether to appeal to a Tribunal.
Housing Benefit - if we are unable to change the original decision and you still disagree with our decision, you will need to write to us within one month of the date of the decision and request that the matter is passed to HM courts and Tribunal Service stating your reasons why you disagree with the decision.
Local Council Tax Reduction - you will need to contact the Valuation Tribunal Service (valuationtribunal.gov.uk) directly within two months of the date of the Council's reconsideration to make your appeal.
Attending a tribunal hearing
The Tribunal Service will tell you the date, time and location. Most hearings are held remotely.
You will be ask if you want to attend or if you would prefer the tribunal to hear the case without you present, this is called a ‘paper hearing’.
The tribunal will send you a letter when they have made a decision. You can only challenge the tribunal’s decision if they have got the law wrong, or if they have made a mistake.
The Tribunal will send you information about this with the decision letter.