A–Z index:

Benefit - Revised decision process

If you think the initial decision is wrong:

Ask for an explanation in writing (statement of reasons)

If you think the explanation is wrong:

Ask for us to look at the decision again

More details on appeals to the Benefits Office

Note: If you contact us after the one month deadline, the decision to consider the appeal will be at the discretion of the Benefits Office.

If you think the re-decision is wrong:

Use the Appeals Service to request an independent tribunal

Complete and send the Appeals form

More details on appeals to the Appeals Service

Note: If you contact us after the one month deadline, the decision to consider the appeal will be at the discretion of the Appeals Service.

If you think the Appeals Service's decision is wrong:

You can appeal to the Social Security Commissioners. Information about this will be found in the letter from the Appeals Service.

More details on appeals to the Social Security Commissioners

Note: Your appeal cannot be accepted if you appeal 13 months or more after the date of the initial decision letter.

Please note:

This is a broad description of the process at each decision level, for a more detailed description please contact the Benefits Office.

We would always recommend that you seek advice from a solicitor or from the Citizen's Advice Bureau when requesting a revised decision.

If you disagree with the initial Benefits Office decision and explanation...

Appeals to the Benefits Office

Different staff will reassess the decision. If we agree that the original decision is wrong and the reassessment is in your favour, your appeal stops.

If we agree the original decision is wrong and the reassessment is not in your favour, a letter will be sent with the reassessed decision.

If we do not change the decision we will send your dispute to the Appeals Service with supporting information. Copies will be sent to you. A form will also be sent and you must return it within 14 days to the Appeals Service.

There are special rules if you are not claiming the benefit yourself. For example, if you are a landlord and a decision is made about whether Housing Benefit is to be paid directly to you or if you are a landlord and a decision is made to recover an overpayment of Housing Benefit or excess Council Tax Benefit from you.

If you disagree with the Benefits Office's decision...

Appeals to the Appeals Service

If your appeal goes to the Appeals Service, an independent tribunal will consider your case. This 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. If a change of circumstance could affect your benefit or mean you could claim again, you should report it straight away. Do not wait for the appeal hearing. Contact us using the details shown on your decision letter.

Who sits on an Appeals Service tribunal?

Appeals Service tribunals:

are made up of up to two members, neither of whom is from the Local Authority
are made up of members who will be experts on the issues involved in your appeal
have a legally qualified member to help apply the law to your appeal
may include someone with financial qualifications

The Appeals Service form

You will need to:

complete all relevant boxes on the form. We would recommend that you have help from an advice centre (such as the Citizens Advice Bureau) or a solicitor.
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 form back to the office shown on your decision letter within one month of the date of the decision letter.

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

Oral hearing

You can attend an oral hearing. At an oral hearing:

you may be asked questions
you can ask questions
you can bring someone with you to represent you
you can call witnesses to give evidence to the tribunal
one of our representatives may be at the hearing (they may ask you questions and call witnesses)

If you choose an oral hearing but find you cannot go, you must let the Appeals Service know immediately. You must have a good reason why you cannot go, such as illness. You may be able to arrange another date. If you do not let the Appeals Service know you cannot go to the hearing, the tribunal may hear your appeal without you.

Oral hearings are usually open to the public, however you can ask for your appeal to be heard in private.

If you live abroad and want an oral hearing, let the Appeals Service know that you want to go the hearing, or that you want to send someone to represent you. The Appeals Service can arrange for your appeal hearing to be:

as near as possible to the place you arrive in Great Britain
as near as possible to your representative if you have one
delayed until you are in Great Britain

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.

If you live abroad you will have to pay your own fares to and from Great Britain. You may be able to get expenses while you are in Great Britain and the appeal hearing is going on.

Paper Hearing

This is an appeal hearing which you do not go to. If you go to an oral hearing, you will be able to deal with any questions or issues that arise.

You should use the form we will send you with the appeal papers to add any more information which you think will help your case.

Do not delay sending information, as you will not be told the date of a paper hearing. The appeal will be heard and the Appeals Service will send you the decision.

If the tribunal thinks you will need to go to an oral hearing, they can refuse your request for a paper hearing.

If you choose a paper hearing, but change your mind, you can choose to have an oral hearing. Write to the Appeals Service immediately.

The result

Whether you have an oral or paper hearing you will be given a Decision Notice explaining the tribunal's decision as soon as possible after the appeal hearing. A copy will be sent to the office that made the original decision.

You can also ask for a Statement of Reasons. This gives an explanation of the tribunal's decision including the facts and the law used. You must ask for a Statement of Reasons within one month of the date you are given or sent the decision notice. You must have a copy of the Statement of Reasons if you appeal to the Social Security Commissioners.

If you want a record of the appeal hearing, you can get a copy of the Record of Proceedings up to 6 months from the date of the hearing.

If your appeal is successful, we will usually put the decision right as soon as we receive our copy of the tribunal's decision. There will be a delay, however, if we choose to appeal to the Social Security Commissioners.

Late Appeals

The Appeals Service may be able to accept your appeal if it is received more than one month after the date on the decision letter.

They can only accept a late appeal if there are special circumstances that cause the delay. These could be a death, a serious illness, absence abroad, postal strike or some other special circumstance. A legally qualified tribunal member will look at the reasons you have given for not appealing in time and will decide if your appeal can be accepted.

They will look at:

whether there are special circumstances for the delay
the length of time since you received the decision
whether it is in the interests of justice that your appeal is accepted
whether your appeal is reasonably likely to succeed

The Appeals Service cannot accept a late appeal if the only reason is that you misunderstood the law, or interpretation of the law has changed since the decision was made.

You can find more information on the Appeals Service at www.appeals-service.gov.uk.

If you disagree with the Appeals Service tribunal's decision...

Appeals to the Social Security Commissioners

If you do not agree with the appeal tribunal's decision you may be able to appeal to the Social Security Commissioners. The Commissioners are barristers, solicitors or advocates of not less than ten years' standing, and are appointed by the Queen on the advice of the Lord Chancellor. They are independent of both the Department of Social Security and the Local Authority.

Who can appeal to the Commissioners?

Appeals can be made by:

anyone who has already appealed to the Appeals Service
the Local Authority
the Department of Social Security

What can you appeal to the Commissioners about?

You can only appeal to the Commissioners on a point of law. You cannot appeal to the Commissioners about:

questions of fact
a tribunal's findings or conclusions

How to Appeal

Your decision letter from the Appeals Service will tell you what to do if you are unhappy with the decision. Read this carefully as it tells you important time limits of your appeal.

You cannot appeal unless you first get the Statement of Reasons for the tribunal's decision. You should read the Statement of Reasons carefully. If you think the tribunal did not apply the law correctly, you can apply for leave to appeal to the Commissioners. You must do this within one month of the date the Statement of Reasons was sent to you.

If you appeal to the Commissioners, you must send the Statement of Reasons with your application. If you do not, your application may not be considered.

A legally qualified tribunal member will decide if your appeal can be sent to the Commissioners or if the appeal should be looked at again by a different tribunal.

You can ask an advice centre, solicitor or another suitable person or organisation to help with your application.

Late Applications

Late applications for a Statement of Reasons or for leave to appeal to the Commissioners can only be accepted if there are special circumstances or special reasons that caused the delay.

You can also download or view our Housing benefit and council tax benefit appeal booklet and form 65kb.

Information:

Revised decision process

Contact details:

Telephone:
01722 434483

Fax:
01722 434429

email:
revs&bens@salisbury.gov.uk...

Postal address:
Revenues and Benefits
Pennyfarthing House
18 Pennyfarthing Street
Salisbury
Wiltshire
SP1 1HJ