Rights of appeal
There are occasions when you will be able to ask us to reconsider a decision, however, not all decisions carry the independent right of appeal. We are able to reconsider -
- the decision about who we pay Housing Benefit to
- whether an overpayment is recoverable from you
- the amount, period and reason for the overpayment
Decisions on Housing Benefit mostly concern the claimant - they are normally the person affected by our decision. They have a greater range of decisions that they can dispute.
Decisions the claimant can dispute, but you cannot, are -
- the start of a claim
- the level of the award of Housing Benefit
- the maximum rent set by the Rent Service
- the discretion that we have to recover an overpayment
- any award of Discretionary Housing Payment
- the income and capital used in the calculation of the claimant's award
It is important that we receive your written request for a revision or appeal within one calendar month from the date of notification of the decision made.
Statement of reasons
If you would like a detailed explanation of our decision, you can request a written statement of reasons.
The Tenant's rights of appeal
If your tenant is unhappy with the decision they can -
- ask verbally for an explanation or request the council to reconsider it
- ask for a written statement of reason (how the decision was made)
- appeal against it
If a written statement of reason or if an appeal is made you must request this in writing, giving the reasons for the appeal.
Good Cause Backdate
A good cause backdate request must be in writing and signed by the tenant, explaining why he/she believes they have good cause why their claim for benefit was late.
If the tenant wishes for a representative to write the statement, the tenant still needs to countersign it. The tenant must supply evidence and information as to the delay of the claim so we may make a determination as to whether we can allow a backdate.
If the backdate is disallowed, the tenant may appeal in writing against the decision within one calendar month of the notification of the decision.