Revisions & Appeals
Decisions you can appeal against need to relate to a claim for benefit, for example: -
- The amount of benefit payable
- The rent eligible for benefit
- The calculation of a claimant's income
- The calculation and recovery of an overpayment
In certain circumstances the Council are unable to consider an appeal if a person is appealing against rules or regulations used for calculating Housing Benefit entitlement.
If the Council are unable to consider your Housing Benefit appeal you will be notified in writing and your appeal will be forwarded to the HM Courts & Tribunals Service for a decision to be made.
If you wish to appeal your Council Tax Support appeal, please click on Revisions and Appeals for Council Tax Support in related articles for further details.
Please note the HM Courts & Tribunals Service can strike out an appeal if it is considered the appeal has been made against a non-appealable decision.
A request for a revision means that the Council will look again at its decision regarding a claim for benefit and will make sure that it has been undertaken correctly.
- Who Can Appeal or Request a Revision?
- Statement of Reasons
- How do I ask for a revision?
- How do I ask the Appeal Tribunal to look at the Council's Decision?
You can appeal/request a revision if you are a person affected.
A 'person affected' means any of the following where their rights, duties or obligations are affected by a decision:
- The claimant
- Where a claimant, or would-be claimant, is unable to act on his or her own behalf:
- A receiver appointed by the Court of protection
- An attorney with a general power or a power to claim or as the case may be receive benefit appointed under the Powers of Attorney 1985.
- A person appointed by the council to act on behalf of someone who is unable to act on his or her own behalf.
- A person appointed by the Secretary of State (in practice a manager at the DWP office) to act on behalf of someone who is unable to act on his or her own behalf.
- The landlord - but only in relation to a decision (not) to make direct payments (where the payment is made to an agent acting for the landlord the agent is the person affected)
- Anyone - including the landlord - from whom the authority has decided that an overpayment is recoverable.
There maybe more than one person affected by any decision made by the Council. For example where the Council decides to recover an overpayment from the claimant's landlord, both the landlord and the claimant are 'persons affected' and both should be notified of the relevant decisions. the term 'person affected' is not confined to people; it also applies to corporate bodies such as housing associations and letting companies.
It is important to note that only a claimant may ask the Council to revise a decision on the calculation of a claimant's entitlement.
If you wish to download an Appeals Form, please click on the link for this form under the heading Documents of this page.
A person affected can ask the Council to provide a written Statement of Reasons. The Statement of Reasons does not affect your right of appeal.
The Statement will explain how the Council reached its decision. The time taken by the Council to provide the Statement may extend the time limit for requesting a revision or seeking an appeal to the tribunal.
The affected person must write to the Council within one calendar month of the date of the benefits notification letter.
In exceptional circumstances the Council will extend this limit for requesting a decision to be revised. The person affected must write to the Council giving reasons for not requesting a revision at the appropriate time.
The Council will not consider a late request for a revision where the request is made 13 months after the decision notice was first issued.
How do I ask the HM Courts & Tribunals Service to look at the Council's decision for Housing Benefit?
A person affected by a decision may request that the HM Courts & Tribunals Service consider the Council's decision. The request must be in writing and must be received by the Council within one month of the date on the decision notification letter.
Where the person affected previously requested that the Council revise its decision.
Once notified of the outcome of the Council's decision regarding the revision, the person affected has one month to request that the HM Courts & Tribunals Service consider their case.
In exceptional circumstances the time limit for requesting an appeal can be extended. The person affected must write to the Council giving grounds for not appealing at the appropriate time. A request for an extension of the time limit will not be considered if it is made 13 months after the notice of decision was issued.