If you think the decision about Housing Benefit or Council Tax Benefit is wrong

This section tells you what you can do if we have made a decision about your Housing Benefit or Council Tax Benefit and you think it is wrong.

You can either

• Ask us to explain it
• Ask us to look at it again, or
• Appeal to an independent tribunal

There are time limits for asking for decisions to be looked at again and for appealing. We tell you about these limits in this section.

If you would like us to look at a decision again or appeal to the Tribunals Service, you can download an appeals form by using this link: Housing Benefit Appeals Form - 27Kb.

You can find out more by downloading our leaflet Appealing against a decision available in English Hindi and Urdu. A Punjabi version is also available but due to the large file size - 3317Kb - we can only send this by email or in print.

• English - 66kb
• Hindi  - 2.5mb
• Urdu - 2.3mb

Do you want to ask for more information about the decision?

When we have made a decision about your Housing Benefit or Council Tax Benefit claim we will write to tell you the outcome.

If you want more information about a decision we have made about your benefit you must contact us straight away. This is because if you want us to look at the decision again or if you want to appeal against it, you must do so within one month of the date on the decision letter.

When you contact us for more information you have a choice:

• You can ask us to explain the reasons for the decision and/or
• If you want more information to help you decide what to do, you can ask us for a written statement of reasons for the decision if we have not already sent you one. You must do this within one month of the date of the decision letter. We will send the statement of reasons to you as soon as possible.

If you still disagree with the decision, you can either:

• Ask us to look at it again, or
• Appeal against the decision

If you asked for a written statement of reasons within one month of the decison letter, the time you have to appeal will be extended by the time we took to send the statement of reasons.

Do you want to ask us to look at our decision again?

You must write to us within one month of the date on the decision letter if you want us to look at the decision again.

If there are special circumstances which mean you cannot write within one month, we still may be able to look at the decision again. Please tell us what the special circumstances are when you contact us.

What happens when we look at the decision again?

• When you ask us to look at the decision again, we will check that the decision is correct.

• A different member of staff will usually do this.

• If the decision is wrong we will change it.

• We will send you a letter telling you what the new decision is.

If the decision cannot be changed

• If the decision cannot be changed, we will send you a letter telling you that we cannot change it.

You then have a further one month if you want to appeal to an independent tribunal. You can find out more about the independent Tribunal Service by visiting their website: Independent Tribunal Service .

Do you want to appeal against our decision?

If you –

• Have had a letter telling you about a decision and
• That letter offers you the right to appeal,
• And you believe the decision is wrong, you may want to appeal to an independent tribunal. You download an appeal form by using this link: Housing Benefit Appeals Form - 27Kb

The Appeals Service will decide your appeal at a tribunal hearing. The tribunal is made up of people who are not from the Local Authority. You must complete all relevant boxes on the form. You can get help from Derby Citizens Advice Bureau ,  Derby Welfare Rights Service  or  Derby Law Centre.

• Write down the reasons for your appeal. This is important because the tribunal does not have to look at anything you do not mention. Make sure that you sign the form.

• Send the form back to Derby Benefits within one month of the date on the decision letter.

What the tribunal looks at

• The tribunal can only look at the evidence, the law and the circumstances at the time we made decision you are appealing against.

Late appeals

The Tribunals Service may not be able to accept your appeal if it is received more than one month after the date on the decision letter.

They can only accept a late appeal if there are special circumstances that caused the delay. You should include an explanation of why you could not appeal within one month on the Appeals Form.

A legally qualified tribunal member will look at the reasons you have given for not appealing in time and will decide if your appeal can be accepted. They will look at:

• Whether there were special circumstances for the delay
• The length of time since you received the decision
• Whether it is in the interests of justice that your appeal is accepted, and
• Whether your appeal is reasonably likely to succeed.

The Tribunals Service cannot accept a late appeal if the only reason is that you misunderstood the law, or interpretation of the law has changed since the decision was made.

Your appeal cannot be accepted if you appeal 13 months or more after the date on the decision letter.

Appeal tribunals

Appeal tribunals are normally made up of one independent member, who is legally qualified and an expert on the issues involved with your appeal.

Tribunals in Derby are held at the Tribunals Service Offices:

Visit the Tribunals Service website .

After you have made an appeal

• We will look at the decision again if we have not already done this
  
• If we agree that the original decision is wrong and the new decision is to your advantage, we will send you a new decision and your appeal will stop. If you do not agree with the new decision, you can appeal against it.
  
• If we are unable to change the decision, we will send your appeal, and an explanation of the law and facts used to make the decision, to the Tribunals Service. We will also include any other relevant papers.
  
• A copy of the appeal papers will be sent to you and your representative if you have one.
• Read the appeal papers very carefully. If you do not understand something,ask us, Derby Citizens Advice Bureau ,  Derby Welfare Rights Service  or  Derby Law Centre  to explain.
• You will also receive a form. You must complete this form and send it to the Tribunals Service within 14 days of the date the form was sent to you. If you do not, your appeal will stop.
• The form also asks you questions about how you want your appeal to be looked at. You can choose between an oral hearing and a paper hearing. If you choose to go to an oral hearing 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.

Oral hearing

• This is an appeal hearing which you can go to.

• The tribunal may ask you questions and you can ask questions.

• You can take someone with you to represent you.

• You can call witnesses to give evidence to the tribunal.

• One of our representatives will also be at the hearing. They may ask you questions and call witnesses.

• If you choose an oral hearing but find you cannot go, you must let the Tribunals Service know straight away. You must have a good reason why you cannot go, such as illness. You may be able to arrange another date. If you do not let the Tribunals Service know you cannot go the hearing, the tribunal may hear the appeal without you.

Expenses

• The Tribunals Service may pay some of your expenses for going to the tribunal, for example travel costs. If you want more information about expenses, contact the Tribunals Service office handling your appeal.

Paper Hearing

• This is an appeal hearing which you do not go to.

• You should use the form we will send you with the appeal papers to add any more information which you think will help your case.

• Do not delay sending information as you will not be told the date of a paper hearing.

• The appeal will be heard and the Tribunals Service will send you the decision.

• If the tribunal think they need you to attend an oral hearing they can refuse your request for a paper hearing.

If you disagree with the tribunal’s decision

Appeals to the Social Security Commissioners

• If you do not agree with the appeal tribunal’s decision you may be able to appeal to the Social Security Commissioners.

• The Commissioners are barristers, solicitors or advocates of not less than ten years’ standing and are appointed by the Queen on the advice of the Lord Chancellor. They are independent of both the Department of Social Security and the Local Authority.

Who can appeal to the Commissioners?

Appeals can be made by:

• Anyone who has already appealed to the Tribunals Service
• The Local Authority.

What you can appeal to the Commissioners about

You can appeal to the Commissioners on a point of law. You cannot appeal to the Commissioners about:

• Questions of facts.
• A tribunal’s findings or conclusions.

How to appeal

• Your decision letter from the Tribunals Service will tell you what to do if you are unhappy with the decision. Read this carefully. It tells you important time limits for your appeal.

• You cannot appeal unless you first get the statement of reason for the tribunal’s decision.

• You should read the statement of reasons carefully. If you think the tribunal did not apply the law correctly, you can apply for leave to appeal to the Commissioners. You must do this within one month of the date the statement of reasons was sent to you.

Other organisations that can help

The following organisations may be able to give you advice on your claim and represent you at the hearing:-

Derby Welfare Rights Service 
Council House,
Corporation Street,
DERBY
DE1 2FS

Telephone 01332 256552

Telephone 01332 344557

Citizens Advice Bureau 
Progressive Building,
Sitwell Street,
Derby
DE1 2JT

Telephone 08451 203714

Solicitors

You may be able to get advice from a solicitor under the Legal Advice and Assistance Scheme. You can find out about this from a solicitor. But if you decide to use a solicitor, the scheme does not cover the cost of a solicitor to help you at a hearing. You cannot get any money for things like solicitor’s fees from us or the Tribunals Service.

For details of solicitors and advice centres, contact the following:

The Legal Services Commission
Franchise Development Group,
85 Grays Inn Road,
London
WC1X 8AA

Telephone: 0207 759 90000

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