Getting your benefit right
We want to make sure that you are getting all the benefits you are entitled to. But we may have overlooked something, you may have completed your application form incorrectly or maybe we have simply made a mistake. If you are not happy with the way your benefit has been calculated we want to hear from you so that we can put it right.
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
What should someone do if they are not happy with the Council’s decision?
The person affected can query the decision and request further information about the decision. The Council will give the person an explanation. If they are still not happy they can request a revision of the Council's decision, ask for a written ‘statement of reasons’ or appeal.
Please note that some decisions do not carry the right to appeal.
There are various rules and regulations which tell us how to work out your benefit, how to pay your benefit and how any overpayment of benefit should be recovered.
You have the right to:
- know how we have calculated your benefit
- challenge decisions we have made
- ask us to look at your claim again
- ask for an explanation of the decision we have made
- ask for an independent appeal tribunal to look at your case
The Appeals Process
If you want more information about our decision you must contact us straight away, because you only have one month from the date of the decision letter:
- to ask us to look at your claim again (this is called a ‘revision request’),
- to ask for a written ‘statement of reasons’ for the decision,
- or to appeal.
A Revision Request – 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. If the decision is wrong we will change it. If the decision cannot be changed we will write and inform you. In either case, if you appeal, the one month time limit starts again.
Statement of Reasons - This sets out:
- how your benefit has been calculated,
- the information we have used to make our decision,
- the way any overpayment has been calculated (if applicable)
- the relevant Housing Benefit regulations which apply to your case and the reason why they do/do not apply.
Appeal – this means that an independent tribunal hearing will consider the Council’s decision. You must write to us with the reasons for your appeal and make sure that you sign it. If our decision is wrong we will change it. If the decision cannot be changed we will write and inform you. The appeals service will then look at your appeal at a tribunal hearing. The tribunal is independent from the council and is made up of legally qualified people trained in Housing Benefit and Council Tax Benefit. If you want to appeal against the decision you must let us know within one month of the decision letter, (or if you asked us to look at the decision again one month from that decision).
If your appeal is late you must include an explanation of why you could not appeal within one month.
You can use the Appeals form if you:
- want to ask for a statement of reasons
- want us to look at our decision again
- want to appeal to an independent tribunal
Will the person affected 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.
