Can I Appeal

Summary

Help with appealing against decisions made on benefit claims.
Contact the Benefits team using the online contact form.

Introduction

This provides information about appealing against decisions relating to your Housing & Council Tax Benefit. The rules changed on 2nd July 2001 and the information given applies from that date onwards.

Do you want more information about the decision?

If so, you should ask us straight away because if you want us to look at the decision again or if you want to appeal against it, you must do so within one month of the date on the decision letter - not the date you contact the office.

You can phone, write or visit us. Open the Appeal online form or download and complete the Appeal form (paper version) (PDF, 313KB) post or bring it in to us. We will explain the decision to you and inform you of any further action you can take if you are still unhappy with the decision. We will normally contact you by telephone as it is easier to discuss all the issues this way. If we cannot do this, we will write to you.

Do you want us to look at the decision again?


If so, you must write to us within one month of the date of the notification letter. If you ask for an explanation first, the one month is still counted from the date of the decision letter. However, if you ask for a written explanation you will have the one month from the date of the decision letter plus the time we took to send you the explanation.

We will look at your case again. This will usually be by a different officer than the one who made the original decision. We will then write to you and let you know the outcome. We will also let you know what further action you can take if you are still unhappy with the decision made.

Do you want to formally appeal against the decision?


If so, we will pass your case to The Appeals Service who will be responsible for arranging an independent tribunal to review the decision. Please complete the Appeal online form

It is important that your appeal is received by us within one month of the date of the original decision. If your appeal is late, then you must show that there were special reasons why you did not appeal in time.

You need to write down all your reasons for appealing against the decision. This will ensure that the tribunal consider all the relevant facts.

The Role of The Appeals Service

The Appeals Service will arrange for an independent tribunal to hear your appeal. They aim to do this within 14 weeks of the date they receive all the information. Tribunals can sometimes be held sooner if you are genuinely facing eviction or for another urgent reason.

Your appeal will be heard by an independent tribunal. Tribunals have at least one legally qualified member.

You will be invited to attend the tribunal to support your case. This is optional. We may also send one of our senior officers to the tribunal hearing.

After hearing all the evidence, the tribunal will make a decision regarding the issue under dispute. You will be told of this decision in writing.

If the tribunal decides in your favour, we will change the decision as soon as possible and write to you letting you know the outcome.

If you do not agree with the appeal tribunal's decision, you may be able to appeal to the Social Security Commissioners.

The Commissioners are barristers, solicitors or advocates of not less than ten years’ standing and are appointed by the Queen on the advice of the Lord Chancellor. They are independent of both the Department of Social Security and the Local Authority.

You can only appeal to the Social Security Commissioners if you believe the tribunal has not applied the law correctly to your case.




Report Benefit Fraud Now! Open a form in a new window

If you need information in large print, audio cassette, braille, translation (written or verbal) or signed interpretation, let us know when you contact us. About our translation services.

Last updated on: 24 September 2008 | Date of next review: 24 September 2009

Visitor Toolbox






Privacy Policy   

   Disclaimer   

Webmaster





http://www.babergh-south-suffolk.gov.uk/Babergh/Home/Benefits/Benefits/Can+I+Appeal/Can+I+Appeal.htm