Reconsiderations and Appeals
What can I do if I disagree with your decision?
If you disagree with a decision we have made in the assessment of your claim you can challenge our decision in a number of ways. You can:
- ask us to explain the decision
- ask us to look at the decision again-this is known as a reconsideration
- submit an appeal in writing giving the reasons you disagree with the decision.
How do I ask for a reconsideration?
You can ask us to reconsider our decision about your claim for Housing Benefit including the LHA rate we have applied to you. Your request for reconsideration must be in writing. You must include details of why you think our decision is wrong.
You cannot appeal against the LHA rates for the area you want to live in.
We must get your request for reconsideration within one month of the date of the decision notification letter. If we do not get it within one month, we may not be able to look again at your claim.
How do I ask for an appeal?
Your request for an appeal must be in writing and be signed. The Council will then forward your appeal to the Tribunals Service. Your request for an appeal must be made within one month of the date of the decision notification letter. If it is not received within one month, the Tribunals Service may not be able to look again at your claim.
If you have asked us to review our decision and have received a reply from us, you can ask the Tribunals Service to look at our review decision. The Tribunals Service must get your request for an appeal within one month of the date of the decision notification letter. If they do not get it within one month, they may not be able to look again at your claim.
The Tribunals Service may be able to consider an appeal outside this time limit if there are special circumstances. They cannot consider an appeal if it is made more than 13 months from the date of the original decision notification letter. To find out more about this, get in touch with the Tribunals Service.
Who can make an appeal?
Someone who is affected by the decision may appeal, including:
- the person making the claim
- someone who is appointed by the courts to act on behalf of the person making the claim
- someone who the council agrees is appointed to act on behalf of the person making the claim
- a landlord – but only about who benefit may be paid to
- an agent – but only about who benefit may be paid to
- any person from whom an overpayment is to be recovered.