What if I disagree with the decision?

When we have worked out how much benefit you are entitled to, we will write to you with details. If you think that the assessment is wrong or if you disagree with our decision, you can ask for a statement of reasons to explain how the decision was made.

If you are still dissatisfied with the decision you must do this in writing within one month of the date on the original decision notice.
The decision will then be looked again at by a different officer to see if it was correct.

If it is determined that the original decision was incorrect, it will be revised and a letter will be sent to you to explain the new decision. If, however, it is determined that the original decision was correct, a letter will be sent to you explaining the reasons and you will be given a further month to appeal to the Tribunals Service. This is called an internal review.

An appeal must be made in writing with your reasons for the appeal. If you wish you can use an appeal form to make your appeal (available from Gateway or can be dowloaded). This appeal will then be forwarded to the Tribunals Service, who will make a decision at a tribunal hearing, made up of people, who are independent of Benefits Services. Their decision will be based on the evidence, the law and the circumstances at the time the original decision was made.

Landlords only have certain rights to appeal if they don’t agree with the decision about their tenants Housing Benefit. They cannot appeal about the amount of Housing Benefit entitlement. However,

a landlord can appeal if we decide not to pay Housing Benefit entitlement directly to them

and a landlord can appeal if we have asked them to pay back an overpayment of their tenants Housing Benefit entitlement.

You cannot appeal against:

The information and proofs needed for your claim

If our decision was not looked again because of a late request for this from yourself

If a backdate request was not considered because you were late in requesting this or in reporting a change of circumstances

The method of payment

The right to recover an overpayment from you and how

The outcome of a decision on a request for a Discretionary Housing Payment

The level of Local Housing Allowance