What to do if you think the decision about your Housing or Council Tax Benefit is wrong.

Asking for an explanation

Disputing a decision about your benefit

Appealing against a decision about your benefit

The three simple steps to sorting out your Housing or Council Tax Benefit if you think it is wrong

What you can do	We will
Ask us to explain the decision in more detail	Write to you in 10 days explaining the decision
Disagree with the decision if you believe it wrong	Look again at the decision and put it right if it is wrong. Or explain why it is correct
Appeal to an Independent Tribunal	Write a report and send you and the tribunal a copy. Ask the tribunal to arrange a hearing, which you can attend

If you want to know what happens after you make an appeal see below.

Other organisations that can help.

If you need help with your appeal see below.

This web page is only a general guide to benefits and is not a full and authoritative statement of the law. We have made every effort to ensure that the information on this page is correct, however changes in the law may make the page become gradually less accurate.

Do you want more information about a decision?

If you have received a letter telling you about a Housing or Council Tax Benefit decision and want more information about that decision contact us straightaway.

You must do this straightaway 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 decision letter.

You can do this in writing, in person at the Runnymede Civic Centre or on the telephone.

When you contact us

You have a choice:

You can ask us to explain the reasons for the decision verbally, or,

You can ask us for a written 'statement of reasons' for the decision if we have not already sent you one. You must do this within one month of the date on the decision letter. We will send the statement of reasons to you in 14 days.

If you still disagree with the decision, you can:

- ask us to reconsider the decision, or

appeal against the decision

If you asked us for a written statement of reasons, the one month time limit that you have in order to ask us to look at a decision again, or to appeal against it will be extended by the time we took to send you the statement of reasons.

Do you want us to look at the decision again?

If you have received a letter telling you about a Housing or Council Tax Benefit decision or we have explained our decision either verbally or in writing and you still think it is wrong you can ask us to look at the decision again.

You must let the Housing Benefit Section know in writing within one month of the date on the letter that you want us to reconsider the decision. If you asked for a verbal explanation first, the one month is still counted from the date of the decision letter. If you ask for a written statement of reasons you will have one month from the date of the decision letter, plus the time we took to send you the statement of reasons.

If there are special circumstances that mean you cannot contact us within one month, we may still be able to change the decision. You must tell us what the special circumstances are when you contact us.

If you ask us to look at a decision again, more than one month after the date of the decision letter, and you do not have special circumstances we may still be able to change the decision. However this will usually only be from the date you ask us to look at the decision again.

What happens next?

When you ask us to look at a decision again, we will check that the decision is correct.

A Manager will usually do this.

If the decision is wrong we will change it.

If the decision can be changed then:

If you asked us to look at our decision again, within one month, or you had special circumstances that meant you could not, we will change the decision from the date of the original decision.

If you asked us to look at our decision again after one month and did not have special circumstances, the decision will usually be changed from the date on which you asked us to look at the decision again.

We will send you a letter telling you what the new decision is.

If you do not agree with the new decision, you can ask us to look at it again.

If the decision cannot be changed:

If the decision cannot be changed, we will send you a letter telling you that we cannot change it. The letter will confirm the original decision.

The letter will tell you that you may be able to appeal against the original decision.

If you appeal, the one month time limit starts again from the date of the letter confirming the decision.

Do you want to appeal against the decision?

If you believe the decision is wrong and want to appeal to an independent tribunal you should use the appeal form.

The Appeals Service will determine your appeal at a tribunal hearing. The tribunal is made up of people who are not from the Council or Department of Work and Pensions.

You can get help from an advice centre or a solicitor. Details of where you can seek independent advice are listed below.

Write down the reasons for your appeal. This is important because the tribunal does not have to look at anything you do not mention. Make sure that you sign the form.

Send the letter back to the Runnymede Civic Centre, Benefit Service within one month of the date on the decision letter.

What the tribunal looks at

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

The tribunal cannot look at changes of circumstances that happened after we made the decision.

Late appeals

The Appeals Service may not be able to accept your appeal if it is received more than one month after the date on the decision letter.

A late appeal cannot be accepted if you appeal 13 months or more after the date on the decision letter.

Appeal tribunals

Tribunals are made up of up to two members neither of whom is from the Local Authority.

After you have made an appeal

We will send your appeal with an explanation of the law and facts used to make the decision, to the Appeals Service. We will also include any other relevant papers.

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

You should read the appeal papers very carefully. If you do not understand something, ask us, an advice centre or solicitor to explain.

You will also receive a form. You must complete this form and send it to the Appeals Service within 14 days of the date the form was sent to you. If you do not, your appeal may stop.

The form also asks you questions about how you want your appeal to be looked at. You can choose between a face to face and a paper hearing. If you choose to attend a face to face hearing you will be able to deal with any questions or issues that arise. People who attend their hearing usually do better than those who don't.

Expenses

The Appeals 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 Appeals Service office handling your appeal.

The Result

You will be given a decision notice explaining the tribunal's decision as soon as possible after the appeal hearing. A copy will also be sent to the council.

Other organisations that can help

You can get free independent advice from your local Citizens Advice Bureau. Trade unions may also offer free advice and support to their members.

These advisers can help you understand the reason for decisions about Housing and Council Tax Benefit. They can give independent advice, ask questions for you and help you to fill in forms or to write a letter. They may be able to help you present your case to the tribunal that hears your appeal.

Citizens Advice Bureau

Solicitors

You may be able to get advice from a solicitor under the Legal Advice and Assistance Scheme. If you decide to use a solicitor, the scheme does not cover the cost of a solicitor to assist you at a hearing. You cannot get any money for solicitor's fees from the council or the Appeals Service.

Details of local solicitors are contained in the Community Legal Services Directory available at the Citizens Advice Bureau or any local solicitors office or contact the CLS Call Centre; Telephone: 0845 6081122. Minicom: 0845 6096677.