Housing Benefit Disputes and Appeals FAQs

If you disagree with a Housing Benefit decision, you can:

• Ask for a detailed explanation called a 'statement of reasons'
• Ask for us to reconsider the decision
• Appeal the decision and ask for it to be looked at by the Tribunal Service.

Before you can appeal to the tribunal you must have already received a letter from us notifying you of that decision. Or you must have requested and received a written statement of reasons explaining the decision which states you have the right of appeal. You must also believe the decision is wrong and want to appeal to an independent tribunal.

What is a 'Statement of Reasons'?

If you don’t understand our decision, you can ask for a more detailed explanation called a written statement of reasons. Your request must be made within one calendar month from date of the decision letter. The time limits for disputing a decision will be frozen until a ‘written statement of reasons’ is issued to you.

If you are unhappy or disagree with our decision, you can ask for it to be reconsidered. You must ask us within one month of the date of the letter notifying you of the original decision.

If the decision is wrong we will change it and send you a letter confirming the new decision.

If you have asked us to look at the decision within one month of the date of the decision letter, the change will be revised to the date the original decision became effective.

If we consider the original decision is correct, we will send you a letter to confirm we cannot change it.

The letter will confirm whether you can appeal against the original decision and if so, you then have one calendar month from the date of the revised decision letter to appeal.

What is an appeal?

If our records are correct but you believe we've misunderstood them, or if our decision remains unchanged despite your request for reconsideration, you have the right to challenge the decision formally. The formal appeal process is conducted by the HM Courts and Tribunal Service, a neutral third party, who will review your case and determine the outcome.

An appeal must be received within one calendar month of the date of the decision, or within one month from the date that we have informed you that the decision has not been changed, following an initial reconsideration request.

When we receive an appeal and if we have not already done so, we will offer you an explanation of our decision and reconsider our decision.

If we agree the decision is wrong and the revised decision is to your advantage, we will send you a new decision and your appeal will stop. You have the right to appeal against the new decision if you do not agree with it.

If we agree that the original decision is wrong, but the new decision is not to your advantage, we will send you a letter confirming the new decision. Your appeal will continue against the new decision, and you will have a further month to request a reconsideration or appeal the new decision.

If we do not change the decision, we will send your appeal and an explanation of the law and facts used to make our decision to HM Courts and Tribunal Service. We will also include any other relevant papers. This is called ‘the response’.

A copy of 'the response' will be sent to you and to your representative, if you have one.

HM Courts and Tribunal Service will then send you a form that must be completed and returned to them within 14 days .If you do not, your appeal will stop.

How do I request a statement of reasons, reconsiderations or appeal?

You can either:

• Complete our online disputes and appeals form
• Write to us at Wigan Council, Customer Services, PO Box 100, Wigan, WN1 3DS.

In addition, for your appeal to be considered, you must:

• Sign it if you are making your appeal by post
• Clearly indicate which decision you are appealing against
• Explain why you think the decision is wrong
• Include any extra information and evidence you believe should be considered.

Normally, it is the claimant who is the 'person affected' by the decision however there are special rules if you are not claiming the benefit yourself.

If you are an appointee for another person you can ask us to look again at a decision about their Housing Benefit and you may be able to appeal on their behalf. The letter confirming the decision will tell you about the appeal process.

What happens if I’m late challenging your decision?

Unless you have special circumstances, the council may not be able to accept your request if it is received more than one calendar month after the date of the decision letter.

You should include an explanation of your special circumstances are you contact us.

For appeals, if we decide you do not have a good reason for appealing late we will ask HM Courts and Tribunal Service to refuse to accept your appeal. A Tribunal Judge will look at the reasons you have given for not appealing in time and decide if your appeal can be accepted. They will look at:

• Whether there were special circumstances for the delay
• The length of time since you received the decision
• Whether it is in the interest of justice that your appeal is accepted
• Whether your appeal is reasonably likely to succeed.

Your appeal cannot be accepted if it is made 13 months or more after the date of the decision letter.

You can ask us to look again at any decision you think is wrong but there are some decisions which do not carry a formal right of appeal and, therefore, the tribunal may choose not to hear the case. Examples include:

• Any parts of the actual housing benefit set down in law
• A decision over who to recover a recoverable overpayment from, once legitimate targets have been identified, as outlined in law
• Any exercise of discretion to recover a recoverable overpayment
• Any decisions to exercise discretionary powers
• A decision to suspend a benefit claim pending further investigation
• The method of recovery of an overpayment
• Local Housing Allowance figures
• An Assessed Income Figure from the DWP
• When and how benefit is paid.

Landlords have limited rights of appeal if they do not agree with decisions relating to their tenants’ Housing Benefit. Landlords can appeal if:

• We decide not to pay their tenant's benefit direct to the landlord
• We ask them for a repayment when we have paid them too much benefit for one of their tenants.

Landlords cannot appeal against how much benefit their tenant receives

HM Courts and Tribunal Service will decide your appeal at a hearing. There are two types of hearing, paper and oral and you can choose which one you prefer when you submit your appeal.

The tribunal is made up of one or two independent members who are experts on the issues involved in your appeal and are legally qualified.

The tribunal will look at the evidence, the law and the circumstances at the time we made the decision you are appealing against.

If a change of circumstances could affect your Housing Benefit or mean you could claim again, you should report it straight away. Do not wait for the appeal hearing.

A paper hearing is an appeal hearing that you do not go to. If the tribunal think they need you to go to an oral hearing they can refuse your request for a paper hearing.

HM Courts and Tribunal Service will send you a form to add any more information that you think will help your case. Do not delay sending information as you will not be told the date of a paper hearing.

The appeal will be heard, and HM Courts and Tribunal Service will send you the decision.

If you choose a paper hearing but change your mind, you can choose to have an oral hearing. Write to HM Courts and Tribunal Service at: The Tribunal Service, 36 Dale Street, Liverpool, L2 5UZ.

This is an appeal hearing that you attend. If you find you cannot go, you must let HM Courts and Tribunal Service know straight away. You must have a good reason for not attending, such as illness. You may be able to arrange another date. If you do not let the HM Courts and Tribunal Service know you cannot go to the hearing, the tribunal may hear your appeal without you.

Oral hearings are usually open to the public, but anyone who goes to the hearing will usually be involved in the appeal. You can ask to have your appeal heard in private.

• The tribunal may ask you questions
• You can ask questions
• You can take someone with you to represent you
• You can call witnesses to give evidence to the tribunal
• One of our representatives may be at the hearing. They may ask you questions and call witnesses.

You will be given a decision notice explaining the tribunal's decision, whether you have an oral or paper hearing, as soon as possible after the appeal hearing.We will also be informed of the decision.

You can also ask for a ‘statement of reasons’ within one month of the date you are given or sent the decision notice. This gives an explanation of the tribunal's decision including the facts and the law used.

If your appeal is successful, we will usually put the decision right as soon as we receive our copy of the tribunal's decision. We may not put it right straight away if we appeal to the Upper Tribunal.

If the tribunal finds you have been overpaid housing benefit, then your benefit will be reduced.

If you think the tribunals decision is legally wrong, you have the right to appeal to the Upper Tribunal. You will need the ‘Statement of Reasons’ from the tribunal.

Citizens Advice Bureau and law centres, can represent you, help you understand the reasons for decisions about Housing Benefit and help you with forms or letters. It will help if you show them any letters you have about the decision that you think is wrong.

They will sometimes go with you to the tribunal that hears your appeal.

Trade Unions may also offer free advice to their members and may also be able to speak for you at the tribunal that hears your appeal.

You may be able to get legal advice and representation at tribunal through Legal Aid, but you will need to check your eligibility.

If you live abroad, and want to attend an oral hearing or want someone in the UK to attend on your behalf, let HM Courts and Tribunal Service know. The HM Courts and Tribunal Service can arrange for your appeal hearing to be:

• As near as possible to where you arrive in the UK
• As near as possible to your representative (if you need one)
• Delayed until you are in the UK

The HM Courts and Tribunal Service may pay some of your expenses for going to the tribunal, for example travel costs. If you want more information about expenses, contact the HM Courts and Tribunal Service office handling your appeal.