The Housing Benefit (Decision and Appeals) Regulations 2001 state that any 'person affected' by a relevant decision can ask us to revise our decision. You can also appeal against our decision to an Independent Appeal Tribunal.
What is a relevant decision?
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.
If we receive a request for a revision, we will look again at our 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 DWP, will consider our decision.
Who is a Person Affected?
A person affected is:
• the claimant,
• someone acting on behalf of the claimant who is Court appointed
• someone whom the Council agrees is appointed to act on behalf of the claimant
• a landlord – but only in matters relating to whom the benefit payments are to be made
• an agent – but again only in matters relating to whom the benefit payments are to be made
• any person from whom it has been determined an overpayment is to be recovered
How to ask for a Revision
As a "person affected", you must write to us within one calendar month of the date of the notification letter, or you can follow this link to our online Appeal Form.
In exceptional circumstances we will extend the time limit for requesting a decision to be revised. You must write to us giving reasons for not requesting a revision at the appropriate time.
The Council cannot consider a late request for a revision where the request is made 13 months after the decision notice was first issued.
You have one month from the date that you are notified of the outcome of your revision request to ask for your case to be considered by the Appeals Tribunal.
How to appeal to the Independent Tribunal
As a "person affected" by a decision, you may request that the Appeals Tribunal consider our decision. The request must be in writing and must be received by the Council within one month of the date of the decision notification letter. You can also follow this link to our online Appeal Form.
These can be considered in some circumstances, such as where the person affected was in hospital and unable to deal with their own affairs. If the Council does not support the reasons for lateness, it will be passed to the Tribunal Service for consideration.
Late appeals cannot be accepted for any reason if they are received more than 13 months after the date on the original decision letter.