Making an appeal
What can I do if I think your decision about my benefit claim is wrong?
If we send you a decision letter about your benefit claim that you don't understand, or you think is wrong, you can ask us for a more detailed explanation. Contact us straight away because if you want us to look at our decision again, or you want to appeal against it, you must do so within one month of the date on the decision letter.
To help you decide what to do, you can ask us for a ‘statement of reasons’ for the decision. Again, you must do this within one month of the date of the decision letter.
If you are still not happy with our decision, you can ask us to reconsider it again by writing to us within one month of the date shown on the decision letter. If you asked us for a 'statement of reasons' first, you will have the one month from the date of the decision letter plus the time we took to send you the 'statement of reasons'.
What happens next?
When you ask us to look at a decision again, it will usually be a different member of staff who will check it and we may take into account any new information you give us.
If we agree that our decision was wrong - we will change it and write to you telling you what the new decision is. We will make the change from:
- the date of the original decision if you kept to the one month time limit, (or if we accepted that there were special circumstances for any delay),
- the date you asked us to check the decision, if you asked us outside the one month time limit (or there was no special circumstance for the delay.)
If you do not agree with the new decision, you can ask us to look at it again.
If we think our decision was correct - we will send you a letter confirming the original decision and telling you that we cannot change it. Our letter will also tell you if you can appeal against the original decision. If you can appeal, the one month time limit starts again from the date of the letter confirming the decision.
Can I appeal against any decision?
You can ask us to look again at any decision you think is wrong but there are some decisions you can’t appeal against, including:
- a decision by the Rent Officer (but you can ask for a redetermination if you disagree with his/her decision;
- what information and proof we need you to give us;
- if we did not look at our decision again because you asked us too late;
- if we decide not to backdate your benefit because you are slow to, or do not, tell us about a change in your circumstances;
- if we pay you by cheque or how often we pay you;
- that we have a right to recover an amount we have overpaid you;
- how we recover the amount we overpaid you; and
- our decision about a Discretionary Housing Payment.
You also cannot ask for a review of the Local Housing Allowance rates for an area you want to live in.
How do I make an appeal?
If you are unhappy with our decision, you can appeal to the Appeals Service Tribunal. To do this, you must write to us within one month of the date on the original decision letter, explaining why you are appealing. You can get a leaflet about appeals from any of our offices or surgeries or you can 
download one here (186KB - PDF Help). It tells you about the appeals process and includes a standard appeal form for you to use. You do not have to use it, you can just write a letter telling us that you want to appeal.
If you need help, Advice Centres, like the Citizens' Advice Bureaux, (15KB - PDF Help) or a solicitor can advise you and help you understand the reasons for decisions about housing or council tax benefit. You may be able to get advice from a solicitor under the legal help scheme. If you do decide to use a solicitor, the scheme does not cover the cost of a solicitor to help you at an appeal hearing.
For details of legal services in England and Wales, phone the Community Legal Service (CLS) Directory Line on 0845 608 1122. People with speech or hearing difficulties can call 0845 609 6677. You can also find more information on the CLS website www.clsdirect.org.uk.
