Reviews, Appeals and Complaints

What should I do if I do not understand my benefit decision?

When we deal with your claim for benefit we will send you a benefit decision letter, which will show the information we have used to work out your benefit. You should check this letter carefully.

If you do not understand the benefit decision or you want to know more, you should get in touch with us and ask us to explain it. You can contact us by phone, in writing or by making an appointment at one of our offices. We will send you a letter explaining how and why we made the decision on your claim.

If you want to know more about our benefit decision please get in touch with us within one month of the date on your benefit decision letter. If you ask us for more information after this time we will still explain the decision to you but we may not be able to look at the decision again if you think that it is wrong.

What can I do if I disagree with your decision?

If you disagree with a decision we have made in the assessment of your claim you can challenge our decision in a number of ways. You can:

• Ask us to look at the decision again - this is known as a review.
• Submit an appeal in writing giving the reasons you disagree with the decision.

How do I ask for a review?

You can ask us to review our decision about your claim for Housing Benefit including the Local Housing Allowance rate we have applied to you.

Your request for a review must be in writing but you can also request a review by using our online form.

Benefits Review Request

You must include details of why you think our decision is wrong.  We must get your request for a review within one month of the date of the decision notification letter. If we do not get it within one month, we may not be able to look again at your claim. 

You cannot ask for a review of the Local Housing Allowance rates for the area you want to live in.

How do I ask for an appeal?

You can ask the Tribunal Service to look at our decision. Your request for an appeal must be in writing. Details of how to appeal will be included in your notification letter. We must get your request for an appeal within one month of the date of the decision notification letter. If we do not get it within the time limit, we may not be able to look again at your claim.

The Tribunal Service may be able to consider an appeal made outside this time limit if there are special circumstances. They cannot consider an appeal if it is made more than 13 months from the date of the original decision notification letter. To find out more about this, visit the Tribunals Service website.

What happens at The Tribunals Service?

The Tribunals Service will decide your appeal at a tribunal hearing. The tribunal is independent of the council. The tribunal judge will usually be an expert on the issues involved in your appeal and will be legally qualified.

If your case is passed to the Tribunals Service you will be sent a copy of the council's case. The Tribunals Service will send you a form asking you whether you wish your case to be dealt with,

• in writing; or
• by attending in person.

You are allowed 14 days to return your form. If you do not return the form your appeal will stop.

If you choose to attend the tribunal you will be able to deal with any questions or issues that arise. People who go to their hearing usually do better than those who do not.

At the hearing, the Tribunals Service will look at the evidence, the law and the circumstances at the time we made the decision in order to decide whether the decision is correct. They will notify you in writing of their decision.

Who can make an appeal?

Anyone who is affected by the decision may appeal, including:

• The person making the claim.
• Someone who is appointed by the courts to act on behalf of the person making the claim.
• Someone who the council agrees is appointed to act on behalf of the person making the claim.
• A landlord - but only about who benefit may be paid to.
• An agent - but only about who benefit may be paid to.

Any person from whom an overpayment is to be recovered.

What if I am unhappy with how my claim has been handled?

If you make a complaint in writing, by e-mail on the telephone or in person someone will reply to you within 14 days. If you are not happy with this response you can ask for their manager to respond to you. If you are still unhappy the Council's Chief Executive will look at your complaint and the responses that you have received and respond accordingly.

If you are still unhappy you can then refer your complaint to the Local Government Ombudsman. We can offer you more advice about this when you contact us.

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Page last reviewed 3 May 2012