Housing Benefit & Council Tax Support - Appeals

Housing Benefit Reconsiderations and Appeals

Council Tax Support Reconsiderations and Appeals

 Housing Benefit Reconsiderations and Appeals

A new system of appeals was introduced from 02 July 2001.

The Child Support, Pensions and Social Security Act 2000 provides for appeals against Housing Benefit decisions to be heard by an Appeals Tribunal which is an independent tribunal body responsible for hearing Social Security and Child Support Appeals.
The Housing Benefit (Decisions and Appeals) Regulations 2001 detail the procedures regarding Appeals.

What should you do if you think this decision is wrong?

If you want to know more about a decision or if you think it is wrong you should get in touch with us within ONE MONTH of the date on the letter or we may not be able consider a dispute.

You can either

  • Ask for an explanation
  • Ask us to look again at the decision (this is called a review or re-consideration)
  • Appeal against the decision – this can only be in writing and duly made.  If we cannot resolve your appeal, an independent first tier tribunal administered by the Appeals Service may hear your appeal.

Who may appeal

A ‘person affected’ may appeal against a local authority decision.

Persons affected are:

  • the claimant
  • an appointee (or if not required a person with power of attorney)
  • the landlord (may only dispute 2 decisions)

     1. A decision made by the Authority to make direct payments of Rent Allowance (discretionary or mandatory).

     2. A decision made by the Authority to recover a recoverable overpayment from the landlord.

  • A person from whom the Authority decides that a Housing Benefit overpayment is recoverable.

This means that only the claimant can ask the Council to revise a decision concerning the calculation of a claimant's entitlement; and that the landlord or agent can only ask the Council to revise a decision about whether payment should be made to a landlord and

whether the decision to recover an overpayment from a landlord or agent has been correctly made.

What is a “duly made” appeal?

  • Made in writing
  • Signed; by a person with a right of appeal
  • Contains grounds for the appeal
  • Be against an appealable decision
  • Be submitted within the time limits

How to appeal

You can down load Appeal against a Decision Form or contact the the benefits section in writing using this address:

Benefits Section
Borough Council
Corby Cube
George Street
Corby
NN17 1QG

Council Tax Support Reconsiderations and Appeals

What should you do if you think this decision is wrong?

If you want to know more about a decision or if you think a decision is wrong you should get in touch with us within ONE MONTH of the date on the letter or Council Tax Bill notifying you of our decision or we may not be able consider a dispute.

You can either

  • Ask for an explanation
  • Ask us to look at the decision again (this is called a review or re-consideration).

You must request the above in writing, giving your reasons why you think the decision is wrong and provide supporting evidence/information for those reasons.

We may change the decision (in full or part) and will write and tell you about the new decision.

We will write to you and give the reasons if we cannot change the decision.

If you still disagree with our decision about your Council Tax Support after a reconsideration, you can appeal. The appeal must be made in writing, giving your reasons within 2 months of our decision to the Valuation Tribunal. You must appeal directly to the Valuation Tribunal about your Council Tax Support Decision.

Valuation Tribunal - questions about Council Tax Support Appeals

 

Last updated: Tuesday 6th August 2019 02:12:00 PM