Can You Tell Me More About Appeals?
We make all sorts of decisions about your claim for Housing Benefits and Council Tax Benefit:
- Whether you can claim Benefit at all.
- How much you will get paid.
- How it is paid.
- When it starts and stops.
- If you have been paid too much.
- If we can ask you to pay back overpaid Benefit.
- Whether your claim can be backdated.
….and many more.
We aim to make the right decision at all times, but you may not agree and you may then ask us to reconsider the decision we have made.
Appeals
Reconsiderations
Tribunals
Appeals
What happens when I make a claim?
We work out how much Housing Benefit and Council Tax Benefit we can pay you based on the information and evidence that you provide with your claim form. When we have processed your claim we send you a Decision Letter, which tells you how much Benefit we can pay you and how we have worked it out.
What if I have a query about how you have worked out my entitlement?
If, after reading the Decision Letter, you would like some more information about how we have worked out your Benefit, you can write and asked us for a detailed explanation. This explanation is called a Statement of Reasons.
What do I do if I disagree with the decision?
If you think that our decision is wrong, you can write and ask us to look at it again, but you must do this within one month of the date of the Decision Letter. We call this a request for a Reconsideration. You will need to explain clearly why you think our decision is wrong, and send in any extra information, that you think we might need to know.
What happens if I disagree with the outcome of the Reconsideration?
If you disagree with the outcome of the Reconsideration you can ask for your case to be heard by the Tribunals Service at an Independent Tribunal.
What if I want to complain about the way my claim for Housing Benefit and Council Tax Benefit has been, or is being dealt with?
We have a straightforward procedure to deal with Complaints about Housing and Council Tax Benefit.
What if I have a complaint about another aspect of the Council's service?
We have produced a leaflet called ‘Tell Us What You Think’ that you can use to make complaints, comments and/or compliments relating to any of the Councils services, including Housing and Council Tax Benefit.
Reconsiderations
I disagree with a decision you have made in relation to my Housing Benefit and/or Council Tax Benefit, what should I do next?
You can ask us to look at our decision again, this is known as a Reconsideration. To ask us for a Reconsideration you should:
- Complete an Appeals Form and send this to Sheffield Benefits Service, clearly marked Benefit Appeal. Follow the link at the bottom of this page to download the Appeals Form.
- Alternatively you can write a letter and state clearly that you would like to make an Appeal.
- Ensure that your name, address and, if possible, your reference number is quoted on the form or in your letter.
- Ensure that you have signed the letter or form.
- If someone is acting on your behalf, please include your written authorisation for them to do so.
- Make it clear in your submission exactly which decision you are disputing, giving the date on our Decision Letter and if possible enclose a copy of the Decision Letter.
- Say clearly why you think the decision is wrong. It is not enough to say 'I do not agree with your decision' or 'The money is not enough'.
- The reasons you give should be like these examples, 'My rent was £75 per week, but you have stated it was £35 per week' or 'I moved into the property on 01 November, not 01 December'.
- If you are asking for a reconsideration more than one month after the date of our Decision Letter, you must give a reason why you could not make the request within the required time.
What happens next?
When you ask us to look at a decision again, we will check that the decision is correct. An Appeals Officer, who has not previously been involved with your claim, will do this. If the officer decides that the decision is wrong they will change it, and you will be notified of the new decision.
If the decision cannot be changed, we will send you a letter telling you that the original decision is confirmed. This letter will also tell you what you can do next if you still do not agree with our decision.
What if I still disagree with the decision?
If you decide that you would like to appeal further, you can ask for your case to be heard by the Tribunals Service at a hearing, known as an Independent Tribunal. If you decide to ask for a Tribunal hearing, the one-month time limit starts again from the date of the letter confirming the original decision.
Tribunals
What if I wish to make a further appeal against the decision?
If you write and tell us that you wish to make a further appeal against the original decision, a different Appeals Officer will first of all reconsider the decision again. If this still cannot be changed we will prepare a submission of our case and send this to the Tribunals Service, which is based in Leeds. We will also send a copy of this submission to you and also to anyone you have named as your representative.
In addition, we will send you a form, which you must return to the Tribunals Service within 14 days, to confirm your wish to appeal. The Tribunals Service will inform you of the date of your hearing, known as a Tribunal, which will usually be held at 12 O’Clock Court, Saville Street, Sheffield. More information about this venue can be found on the Tribunals Service website.
At this stage the administration of your appeal is handed over to the Tribunals Service, so if you have any queries about the progress of your appeal, you should contact them on 0113 389 6000.
What happens at the Tribunal?
You and/or your representative may go to the hearing to present your case. We will also send a representative to present our case. The Chairperson will be a legally qualified person. You will be given a decision notice explaining the Tribunal’s decision as soon as possible after the hearing.
Can I claim any expenses for attending the Tribunal?
The Tribunals Service may pay some of your expenses, such as your travel costs. For further information about expenses please contact the Tribunals Service direct.
What if my appeal is late?
The Tribunals Service may not be able to accept your appeal if it is received more than one month after the date on the Decision Letter. A late appeal cannot be accepted if you appeal 13 months or more after date on the decision letter.
Downloads
Use this form to ask for a reconsideration of a decision. (42 KB) (42 KB)