The right of appeal
The right of Appeal
When your Housing Benefit claim has been decided, you will receive a decision letter. If you disagree with any part of the assessment you have the right to dispute the decision.
What options do I have?
You have one calendar month in which to dispute the decision. If you request a detailed explanation, any time taken by the benefit section to respond to your request will be added to the one month time limit. However, if you intend taking the matter further, it is important that you allow yourself sufficient time to get your request for a reconsideration, or appeal, to the council within the one month time limit. If you do not request a detailed explanation until a day or so before the one month time limit is due to end, you may run out of time and any request for reconsideration or appeal may be received late.
If you disagree with the decision you can:
a) Request 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. Please complete the online form below. You must include details of why you think our decision is wrong.:
b) Request a detailed explanation
If you request a detailed explanation the benefit section will explain how your Housing Benefit was assessed. If you put your request for a detailed explanation in writing you will receive a written 'statement of reasons' giving a detailed breakdown of the information used to assess your claim. If you are happy with the detailed explanation the matter will end there. If you are still not satisfied you can ask the benefit section to look at your claim again or you can appeal against the decision.
c) Appeal against the decision
- Decision correct - If the benefit officer decides that the original decision was made correctly, you will be notified of the decision, and of your right to appeal.
- Decision incorrect - If the benefit officer decides that the decision was wrong, your claim will be amended and you will be notified of the new decision. You will also be notified of your right to dispute the new decision. Your dispute rights will start again from the beginning (see above, 'What options do I have?') regardless of whether the new decision has made you better or worse off.
Your request for an appeal must be in writing and be signed.