Housing Benefit Appeals
How we provide this service
Housing benefit appeals is supported by Finance, Benefits and Revenues.
What to do if you think your benefit decision is wrong
- you can ask us for an explanation
- ask us to look at the decision again
- appeal against the decision
We call this the dispute process
If you disagree with your benefit decision, it is important to get in touch with us straight away. You can ask us to explain our decision to you. This can be verbally by telephone or in person, or you can ask for a written explanation. You do not have to ask for an explanation, but it may help you to decide what to do next.
If you still think the decision is wrong after our explanation, you can ask us to:
- look at your claim again
- appeal against the decision.
These requests must be in writing and remember to tell us which action you would like us to take.
Do you want us to look at your claim again?
If you want us to look at your claim again, you must get in touch with us within one month of the date shown on the decision letter. If you have asked for an explanation, the one month is still counted from the date on the decision letter.
If you ask for a written explanation, you have one month from the date on the decision letter plus the time it took us to send your explanation.
There may be special circumstances which mean you cannot contact us within one month. If so, we may still be able to change the decision if you tell us what the special circumstances are when you contact us.
If you ask us to look at a decision again more than one month after the date of the decision letter and you do not have special circumstances, we may still be able to change the decision. This will usually be from the date you wrote to us.
You can appeal straight away but it may help you more if you ask us to explain the decision regarding your case first. There are some decisions that you cannot appeal. Let us know why you want to appeal and we will tell you whether your reason is one of them.
What happens next?
When we receive your request to look at your claim again, we will look at the decision to see if it is correct. A different member of staff will do this. If we can change the decision, we will change it and send you a new decision letter. This has new rights of appeal if you disagree with it, but you must contact us within one month.
If we cannot change the decision, we will write to you to tell you why. You then have one month from the date of the letter to appeal.
Appealing the decision
You must appeal against a decision in writing. You have one month from the date of the decision letter to do this. You should tell us:
- the date of the decision letter
- your reasons.
We can extend this period by the number of days we take to send you a written explanation if you asked for this first.
If you are appealing more than one decision, you should say why you do not agree with each one.
Before we send your appeal to the Tribunals Service, we will see if we can change it.
If we agree that the original decision was wrong, we will change it. If this decision is in your favour we will
send you a new decision and your appeal will stop.
If the original decision is wrong but the new decision is not in your favour, we will send a new decision. Your appeal will continue against this new decision and you will have a further month to dispute it.
If we do not change the decision, we will send your appeal to the Tribunals Service. We will also send them any other relevant papers.
If you do not want to continue with your appeal you can cancel your request in writing at any time before the hearing.
Fax: 01775 711253
Email: benefits@sholland.gov.uk
Address: South Holland District Council, Benefit and Revenues Team, PO Box 8, Priory Road, Spalding, Lincs. PE11 2XQ
Further Information on this service
What happens when we send your Appeal to the Tribunals Service
When we send your appeal to the Tribunals Service, we will also send you and your representative (if you have one) a copy of all the appeal documents. When the Tribunals Service receives your appeal, they will contact you.
You can choose to have a paper hearing, which you do not have to go to, or you can ask for an oral hearing which you can attend. This will take place as close as possible to you where you or your representative (if you have one) lives.
- you will be able to answer any questions that arise
- you can take someone with you who can help you
- you can call a witness or give evidence to the tribunal
A member of our benefit section may be at the hearing. They may ask you questions and call witnesses.
The Tribunals Service may pay some of your expenses; for example, travel costs. The address for the Tribunals Service handling your appeal is:
The Tribunals Service
Administrative Support Centre
54 Hagley Road
Birmingham
B16 8PE
Their phone number is: 0845 4083500
The Tribunals Service
The Tribunals Service is made up of two tiers these are:
The First Tier Tribunal
The First Tier Tribunal can be made up of between 1-3 members depending on the type of appeal, all of whom are qualified to hear your appeal. The First Tier Tribunal members will deal with most appeals.
The Upper Tier Tribunal
You can only make an appeal to the Upper Tier Tribunal on a point of law and you must have the permissions of the First Tier, or if it is refused by the First Tier, from the Upper Tier Tribnunal to do this.
An appeal to the Upper Tier Tribunal must be made no later than one month after the first Tier Tribunal sent you/and/or your representative.
The tribunal decision
The Tribunal Service may decide to give a verbal decision at the hearing; however, they must also provide all parties with a written decision notice, which should include notification of:
- the right to apply for a written statement of reasons and
- any appeal rights and the time limits
When making a decision they will look at
- the reasons you have given
- the evidence, the law and the circumstances at the time we made the decision you are appealing against
- they cannot look at changes in circumstances which happened after the decision was made
If your appeal is successful, we will put the benefit decision right as soon as we receive a copy of the decision. There may be a delay if we decide to appeal to the Upper Tier Tribunal.
If your appeal fails and you wish to make a further appeal to the Upper Tier Tribunal on a point of law you must have a statement of reasons as this explains the First Tier Tribunals reasons for their decision. To get a statement of reasons you should ask the Tribunals Service for a copy within one month of the date you are given or sent a decision notice.
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. If your appeal is late, a legally qualified tribunal member will look at the reasons you have given for not appealing on time.
They can only accept a late appeal if there are special circumstances that caused the delay for example:
- A death
- A serious illness
- Being out of the country
- A postal strike
- Some other special circumstance
They cannot accept a late appeal if:
- The only reason is you did not understand the law
- The 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 of the decision letter.
The Tribunals Service will write to you about this decision.
Who can apply?
A person affected can dispute or appeal a Housing Benefit or Council Tax Benefit decision.
This could be:
- A person who has claimed housing or council tax benefit
- Any person that we decide to recover an overpayment from
In the case of a person who is unable to act for themselves:
- A receiver appointed by the Court of Protection with the power to claim, or receive benefit on his behalf
- An attorney with a general power, or power to receive benefit appointed by the person liable to make those payments under the Powers of Attorney Act 1971 or Enduring Powers of Attorney Act 1985
- A person appointed by the authority to act for the claimant
- If you are a person appointed by the authority to act for the claimant
- If you are a landlord or agent, you and we make a decision under regulation 93 or 94 of the Housing Benefit (General) Regulations
How long will I have to wait for a response?
14 days or as soon as reasonably possible
Contact Name for this service
Jacqui Fowler, Appeals Officer
Telephone number for this service
01775 761161, and ask for extension 4519
Links to forms, leaflets and websites providing more information
Please go to the Tribunals Service website (new window) for more information.
Download a Benefit Appeals booklet.
Download a Benefits Appeals form.
Common Questions
Q. What can you appeal to the Commissioners about
A. You can only appeal to the Commissioners about a point of law. You cannot appeal to them about the facts of the case
The results of a tribunal or their conclusions.
Q. How long do I have to dispute a decision
A. You have one month from the date of the decision letter to dispute it.
How do you rate this information / service?
Contact Details
If you have any queries about the information provided above, or require further information, please contact Customer Services on 01775 761161 or email info@sholland.gov.uk.
Benefits - Housing Benefit and Council Tax Benefit
Council Tax Benefit and Backdating Your Claim
Council Tax Benefit Appeals
Council Tax Benefit Changes In Circumstances
Council Tax Benefit New Claim
Council Tax Benefit Overpayments
Council Tax Benefit Renewal of Claim
Council Tax General Information
Housing Benefit and Backdating Your Claim
Housing Benefit Changes in Circumstances
Housing Benefit New Claim
Housing Benefit Overpayments
Housing Benefit Renewal of Claim
