Can I Appeal

Summary

Help with appealing against decisions made on benefit claims.
Contact the Money Matters team using the online enquiry form.

Introduction

This provides information about appealing against decisions relating to your Housing & Council Tax Benefit.

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 notification letter - not the date you contact the office.

You can phone, write or visit 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 notification letter. However, if you ask for a written explanation you will have the one month from the date of the notification 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 online Appeal 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 Upper Tribunal.

The Upper Tribunal is made up of barristers, solicitors or advocates of not less than ten years’ standing who are specialists in Social Security Law and have a legal status comparable to that of a High Court Judge in their specialised area.

You can only appeal to the Upper Tribunal if you believe the tribunal has not applied the law correctly to your case.

External links ...

Direct gov
Direct Gov
The official government website for citizens.Easy access to the public services you use and the information you need, delivered by the UK government.
Directgov's Benefits and Financial Support page.
Citizens Advice Bureau
The Citizen's Advice guide to benefits.
Citizen's Advice Bureau's benefits page

About links to external sites.

Contact Us:

Team:
Money Matters
Telephone:
01473 825798
Minicom/textphone:
01473 825878
Fax:
01473 823594
Address:
Babergh District Council
Corks Lane
Hadleigh
IPSWICH 
IP7 6SJ

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: 10 October 2011 | Date of next review: 10 October 2012

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