Appeals

When we have dealt 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 think the information used to work out your housing/council tax benefit is wrong, you may dispute it in any of the following ways:

you can ask us to explain it, either verbally or in writing
you may ask us to review the decision (look at it again) - you can still appeal later
you may wish to appeal the decision to an independent appeal tribunal, who can change the decision if they agree it is wrong. We recommend you do this only after the decision has been reviewed

If you did not receive a form with your decision letter you can print out the dispute form (pdf), complete it and return to:

Benefits Service, PO Box 32251, Ealing, London W5 2YX or take it to our reception.

If you think the decision is correct based on the information provided by you, and you are experiencing difficulties in meeting your housing costs you may also apply for extra help.

Landlords may only appeal the following decisions:

that housing benefit cannot be paid direct to them
that there has been an overpayment of the housing benefit that was paid to them

There is a time limit of one calendar month from the date of the decision to review or appeal the decision.

The grounds for requesting us to look at the decision again or submitting an appeal may include the following:

you have used the wrong amount of rent, eg it is £65 not £55
you have stated the wrong moving-in date, eg you moved into the property on 15 April and not 15 May
you have used the wrong amount of income, eg you only receive £85 per week and not £95 per week as you originally stated

Appeal:

How to appeal against the decision

If you asked for an appeal on the dispute form you must complete and sign the appeal tribunal request form sent to you.

About your appeal
We will look at the decision again and issue the reasons for our decision taking into consideration what you have told us. If your decision can be changed we will tell you of your new decision, and your appeal will end. If we cannot change the decision in your favour, your appeal will be forwarded for an appeal tribunal.

You should identify the decision date against which you wish to appeal and explain in full why you think it is wrong. It is not acceptable to say ‘I do not agree with the decision’ or ‘the amount of benefit I have been awarded is not enough’. You need to say why you think the decision is wrong and give relevant facts. It will be helpful if you can provide evidence to support your request or appeal.

If you are appealing against more than one decision, you should identify the date of each decision and give the reasons why you do not agree with each one.

Any changes in your circumstances must be reported to us straight away so your case can be amended.

You will receive a notification of the amendment to your benefit, which will have separate appeal rights.

Explanation
If you ask us to explain the decision, we will do this by telephone, if possible. If we cannot contact you or you do not have a telephone we will explain the decision in writing.

You may ask for a written ‘statement of reasons’ for the decision. We may explain the decision by telephone, but we will issue the reasons for your decision in writing. Once you have received your ‘statement of reasons’ you can still ask us to look at the decision again or submit an appeal. The one month you are allowed to make your request or submit an appeal will be extended by the time it has taken for us to provide you with the ‘statement of reasons’.

Review
If you ask us to review the decision please tell us why in writing you think the decision is wrong - you can use the dispute form to do this. We will look at the decision again and then issue a notice, which will state the reasons for your decision taking into consideration what you have told us. If we can change your decision we will tell you of your new decision, if not you have the right to appeal further.

Late appeals
If you are appealing over one month after the date on the benefit decision letter your appeal may still be accepted if there are special reasons for the delay. You will need to provide a full written explanation with your request for us to look again at your claim, or your appeal, as to why it is late.

Examples of reasons for a late request or appeal would include such factors as a death in the family, serious illness, a postal strike or any other special circumstance We will consider if the reasons you have given are adequate for your request or appeal to be accepted.

The appeal tribunal
The Appeals Service is independent. If you have been informed that your appeal has been passed to the Appeals Service your case will be decided at an appeal tribunal. The tribunal is made up of people who are legally qualified. A copy of the papers for the appeal tribunal will be sent to you with a form, which you must complete and return to the Appeals Service within 14 days.

You may go to the tribunal (oral hearing) or have your case heard without you (paper hearing). You may be represented by a solicitor, an advisor or anyone else.

Any travelling costs incurred by you and/or your representative can be reimbursed.

The Legal Aid scheme does not help with any costs of representation, though it may help with costs of preparation and advice.

Appeals Service
The Appeals Service arranges and hears appeals on benefit decisions.

Further information
For further information you can contact us by telephone, in writing, or by visting our reception at Ealing Customer Services.