After claiming: appeals, backdating and overpayment

If you do not understand a Housing Benefit decision then you can ask for an explanation from us. This is known as a ‘statement of reasons’. You can request a statement of reasons either by email or in writing using the details at the bottom of this page.  

If you think a decision is wrong

If you think the decision is wrong, you can ask us to look at it again.

You need to:

• Write to us within one calendar month of the date of your decision letter and an alternative officer will then look at the original decision made and write to you within one calendar month to let you know our final decision.

or

• Ask for an appeal at the First Tier Tribunal instead of asking us to revise the decision. More details on this are included further down this page.

If we agree that the decision is wrong

If we agree that the original decision is wrong, we will correct your claim and send you a new letter confirming your entitlement.

If we think the decision is correct

Where we find the decision we have made is still correct, we will write to you to explain why and let you know your appeal rights.

If you want to appeal

If you still feel that the decision is wrong then you can appeal against the decision. You must do so within one calendar month of our most recent decision. Use the contact details at the bottom of this page to appeal.

You should include the following information in your appeal:

• Your name and address, as the appellant (the person appealing), or the name and address of your representative
• Clear wording that you ‘would like to make an appeal’
• The address where documents for the appellant should be sent
• Details of the decision you are appealing
• Why you think the decision is wrong, providing evidence to support your appeal if you can

Late appeals

If you miss the one calendar month deadline to appeal our decision due to reasons that are out of your control, such as illness or bereavement, you may be given more time to appeal.

You must make it clear why you are appealing late.

What decisions can I appeal against?

You can appeal any of the following decisions:

• The date we have started your claim from
• Backdating refusal or how much we have backdated your claim, or the amount. We can only backdate your claim a month if you are working-age, and 3 months if you are pension-age. If your claim has already been backdated for the maximum amount of time you cannot appeal this to seek it being backdated further.
• Who we are paying Housing Benefit to
• A decision which causes an overpayment
• Whether we are able to recover an overpayment from you

What happens next?

Your appeal will be forwarded for a hearing with the First Tier Tribunal and you will receive a copy of the submission documents.

The First Tier Tribunal is independent and completely separate to us who make the decision you wish to appeal against.

The appeal hearing

You will be given at least 14 days notice of your hearing. If you would like the hearing to be postponed then you must request this directly with the clerk from the Tribunal.

You do not have to attend the hearing if you do not want to. You will be asked before the hearing whether you want to attend or not. If you do not want to attend, the judge can make a decision based on information you provide to support your appeal.

The judge will look at all of the relevant documentation and make an independent decision based on everything in the submission.

Tribunal's decision

A decision is usually made the same day as the hearing and you will be notified in writing of the First Tier Tribunal's decision.

If the First Tier Tribunal finds in your favour, we will amend our original decision and send you a revised decision letter with details of your new entitlement. If they find that our original decision is correct, then your claim will not be changed.