Disputes
If you think our decision is wrong you have the right to appeal to the independent tribunal service.
How do I know if my benefit is correct?
Every time we make a decision on your benefit we will send you a notification decision letter. This will tell you the periods your benefit covers, how it is worked out, and what income we have used. You must read this decision letter to make sure all details are correct.
What do I do if I don't understand the decision?
If you do not understand your benefit assessment, please contact us to query the decision. You can ask us questions
about the decision, and we will explain the reasons for our decision. If you want to do this please visit or contact us. You can find our contact details on the right.
You have the right to ask for a formal "statement of reasons". This statement will explain in writing the reasons for our decision.
Any request for a statement of reasons must be made within one month of when you were notified of our decision.
Once you have received a statement of reasons, you then have a further 14 days to ask us to review our decision, or to request an appeal.
What should I do if I feel your decision is wrong?
If you feel our decision is wrong you can either:
- ask us (the Benefits Service) to look at our decision again - a revision; or
- appeal against our decision to the independent tribunal service.
Can I request a revision or appeal
A request for a revision or appeal can only be made by a person affected by the decision. The persons affected by a benefit decision are:
- The claimant
- An appointee or individual with power of attorney to act on the claimants behalf
- A landlord or agent - but only regarding who the Housing Benefit is paid to
- Anyone whom we decide to recover an overpayment from
Revisions
Any person affected can ask a local authority to look at the decision again. This is called a revision. 
- The request must be made in writing to the Revenues & Benefits Service, and signed by the person affected.
- The request for a revision must be received within one month of the date that the decision was notified to you.
Once a request for a revision has been received another officer will look at the claim.
After reconsidering the decision we will advise you in writing whether the decision has been changed or if it will stay the same.
If we uphold our original decision, you have a further month to request an appeal to the independent tribunal service.
Appeals
If you appeal this means if we do not change our decision, the dispute will be sent to the independent Tribunal Service to examine.
How do I appeal?
Your appeal must be made within one month of the date you are notified of our initial decision.
In order for an appeal to be "duly made" and valid it must be:
- In writing
- Signed by the person making the appeal
- Clearly state which decision they are appealing against
- Say the reasons why they believe the decision is wrong.
If you wish to appeal you can write to us, or you can download and complete the Housing and Council Tax Benefit Revision and Appeal Form (Word, 38KB)
All appeals should be sent to the Appeal Team, at the address on the right.
I did not ask for a revision or appeal within the one month time limit. What can I do?
An applicant may ask to extend the limit for a revision or appeal up to a maximum of 13 months. They would need
to explain in writing why they did not apply earlier, including any special circumstances which prevented them from responding within the time limit.
The Council may extend the time for an appeal if it feels it is in the interest of justice to do so. When considering whether an appeal can be accepted as late we will look at factors such as
- Whether the appellant or partner or dependant of the appellant has died or suffered serious illness
- The appellant is not resident in the UK
- Post services were disrupted
- Some other exceptional special circumstance which is relevant to the applicant.
In all cases these reasons must have meant it was not practical to have made the appeal within the deadline.
What happens at the tribunal service?
The appeal will be prepared by the council and sent to the Tribunal Service who are independent of the council and totally impartial. We aim to submit all appeals to the Tribunal Service within 90 days.
If the Tribunal Service accept your appeal, they will write to you notifying you of the date and time of the hearing. You will be given the choice of whether you want to attend the hearing and speak, or if you want the tribunal to look at the case in your absence. The Tribunal Service use over 140 venues across the country, so will try to hold the appeal within reasonable communing distance of where you live.
At the tribunal hearing a judge will examine the facts and apply the facts to the law, and come to a decision. Occassionally other specialist panel members may be present, if the judge feels they need an expert (for example a qualified accountant) to help them understand the evidence.
If you disagree with the tribunals decision it may be possible to take the case to an Upper Tier tribunal but only if the tribunal made an error of law.
Before making an appeal it is recommended that you seek advice from an independent advice agency.
Page updated: 20 Oct 2011
