Housing and council tax benefit - disputes and appeals
Checking your decision letter
Once your new application has been determined or any
subsequent change has been made to your Housing and/or Council
Tax Benefit entitlement, we will notify you in writing. We
refer to this as a Decision Letter.
This Decision Letter will itemise all the information which we have
used to calculate your entitlement. Letters are issued for
both Housing and Council Tax Benefit individually. This will
also include a statement of reasons, giving a detailed breakdown of
the information contained within the decision letter.
It is important that when you receive a Decision Letter, you check
the content of the letter, whether or not you agree with what we
have decided. If you disagree with our decision, you can ask
for:
- An expanded 'Statement of Reasons' about the decision; or
- A 'Reconsideration' of the decision; or
If, having asked for and received an expanded Statement of
Reasons and a Reconsideration, you still disagree with the
decision, you can lodge an Appeal.
Statement of reasons
If you don't understand how we have decided your benefit claim
or any subsequent change, we can explain this to you in person or,
if you prefer to write and ask us, we'll send an
expanded Statement of Reasons. This will detail
everything we have considered when making our decision.
With effect from 01 November 2010, a request for a written
statement of reasons must be made within one month of the date of
decision.
Reconsideration
If you would like us to reconsider our decision, you must ask
for a Reconsideration in writing which must signed by
yourself. This letter must be received by us within one month
of the Decision Letter.
We will look at the decision again to see if it can be changed and
we will respond to you in writing advising you of the outcome and
any new appeal rights which you will have.
About an appeal
An appeal must be made in writing, signed by yourself and must
be received by us within one calendar month of the date of the
Decision Letter. This time, if appropriate can be extended by
the time it has taken us to provide you with an
expanded Statement of Reasons.
- If we think the decision is correct we will write to you,
explaining why and if you wish, give you the chance to withdraw
your appeal. If, then, we do not hear from you within a
calendar month, your appeal will be passed to The Tribunals
Service.
- If we think the decision was wrong and we change it to your
disadvantage, we will write to you about the new decision and
give you the chance to comment on it. If we do not hear from
you within one calendar month, your appeal will be passed to The
Tribunals Service.
- If we think the decision was wrong and we change it to your
advantage we will write to you about it. Your original appeal
will then be closed, but you will be given new appeal rights for
the new decision.
Making your appeal effective
As well as including the date of the original Decision Letter,
your appeal should cover everything you consider relevant.
You might argue, for instance, that we have used the wrong rent
figures, mistaken the moving-in date, or that we have
miscalculated your weekly income. Whatever the case may be
for you disagreeing with our decision, it is always best to support
this with evidence.
It is not enough for you to say, for example, "I do not
agree with the decision" or "the benefit I have been awarded is too
low".
It is also important that you tell us whether you want an
explanation of the decision or whether you wish to make an
appeal.
Routinely, it is your responsibility to tell us about any
changes in your household circumstances. Remember though
- each time we notify you about any changes to your entitlement to
either Housing or Council Tax Benefit, you will receive fresh
appeal rights.
Attending a first tier tribunal hearing
You will be advised in advance about the date, time and venue
for an Appeal Hearing and, along with a form asking if you want to
attend, you will receive a copy of the appeal case papers which
have been sent to the Independent Tribunal Service. If you
wish, you can be accompanied by a friend, relative or legal
adviser. Alternatively, your appeal can be heard in your
absence.
The attendance form must be completed and returned within
14 days otherwise your appeal may be withdrawn.
Members of first tier tribunal hearing
Housing and Council Tax Benefit Appeals are heard at the
Independent Tribunal by a panel of at least one judge who will
look at the evidence, the law and the circumstances at the time
when the decision was made. The panel cannot consider
circumstances which happened afterwards.
An officer from Perth & Kinross Council will present the case
as the Council sees it. You, or your representative will
present the case as you see it.
If you disagree with the tribunal
Providing it is based on a point of law, you could disagree with
the decision of the Independent Tribunal by making a further
appeal, this time to the Upper Tribunal.
Upper Tribunal Judges, who are barristers, solicitors or advocates
with at least ten years standing, are independent of both
the Department for Work & Pensions and local
authorities.
If you want to more about the role of The Tribunals Service, you
may wish to contact:
The Tribunals Service
134-136 Wellington Street
Glasgow G2 2XL
Tel: 0141 354 8400
www.tribunals.gov.uk
