How to appeal against a decision
The (Decision and Appeals) Regulations 2001 state that any
'person affected' by a relevant decision can ask the Council to
revise its decision. It also states that a person affected can
appeal against the Council's decision to an independent appeal
tribunal.
A relevant decision is any matter concerning a
claim for benefit, for example: the amount of benefit payable, the
rent eligible for benefit, the calculation of a claimants income or
the calculation and recovery of an overpayment. Some decisions,
mainly administrative decisions, do not carry a right of appeal.
You will be notified if the matter you are disputing does not carry
the right of appeal.
A request for a revision 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.
An appeal means that a Tribunal, independent of
the Council and the DSS, will consider the Council's decision.
Who is a Person Affected?
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
- Any person from whom, it is determined, an
overpayment is to be recovered
This means that only the claimant can ask the
Council to revise a decision concerning the calculation of a
claimant's entitlement; and that the landlord or agent can only ask
the Council to revise a decision about whether payment should be
made to a landlord and whether the decision to recover an
overpayment from a landlord or agent has been correctly made.
What should someone do if they are not happy with the Council's
decision?
A person affected can query the Council's
decision and request further information about the decision. The
Council will give the person an explanation, sometimes over the
phone. If they are still not happy they can appeal or request a
revision of the Council's decision.
How Do They Ask for a Revision?
The affected person must write to the Council
within one calendar month of the date on the notification
letter.
In exceptional circumstances the Council will
extend the time limit for requesting a decision to be revised. The
person affected must write to the Council giving reasons for not
requesting a revision at the appropriate time. The Council will not
consider a later request for a revision where the request is made
13 months after the decision notice was first issued.
Will the Council notify the person of the outcome of a request
for a revision?
After reconsidering its decision the Council will
write to the person affected stating that the decision has been
changed or that it will stay the same. The Council may request
further information from the person affected before it makes a
final decision. The person must provide the information within one
month of the request.
Statement of Reasons
A person affected can ask the Council to provide
a written Statement of Reasons. The Statement of Reasons does not
affect your right of an appeal. The statement will explain how the
Council reached its decision. The time taken for the Council to
provide the statement may extend the time limit for requesting a
revision or seeking an appeal to the Tribunal.
How does a person ask the Appeal Tribunal to look at the
Council's decision?
A person affected by a decision may request that
the Appeals Tribunal consider the Council's decision. The request
must be in writing and must be received by the Council within one
month of the date on the decision notification letter. The
Council's leaflet explaining the decision-making and appeals
procedures contains a form that can be used to appeal.
Where the person affected previously requested
that the Council revise its decision, and has received a reply from
the Council regarding the request, the person has one month from
the date the Council notified the outcome of the request to ask for
their case to be considered by the Appeals Tribunal.
In exceptional circumstances the time limit for
requesting an appeal can be extended. The person affected must
write to the Council giving grounds for not appealing at the
appropriate time. A request for an extension of the time limit will
not be considered if it is made 13 months after the notice of
decision was issued.
Will the person 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.
Further Information
If you have any further questions regarding
appeals you can contact us on 01909 533710 or 01909 533287 or email
us at benefits@bassetlaw.gov.uk.
Important Notes
The amount of Benefit payable is a matter between
the Council and the claimant. Only the tenant can ask the Council
to review the amount of Benefit payable. If the Council reduces a
tenant's benefit to recover an overpayment in respect of a previous
address, the current landlord cannot appeal against the decision to
recover that overpayment.
Overpayments
When we give you too much benefit, we call it an
'overpayment'. If we give you too much benefit, we will send you a
letter.
The letter we send you will tell you:-
- why we gave you too much
benefit
- how much the overpayment is
- if you have to pay back the
amount
- how you can appeal if you think this is
wrong
In most cases we will send you a revised Council
Tax bill, and you will usually have to pay more Council Tax.