Benefit - Appeals

The law says any 'person affected' by a relevant decision can ask us to change our decision. It also states you can appeal to an independent appeal tribunal.

What is a relevant decision?

This is any matter about claiming benefits, for example: the amount of benefit payable, the rent eligible for benefit, the calculation of a claimants income or the calculation and recovery of an overpayment.

Some decisions, mainly administrative decisions, cannot be appealed against - we will let you know if this is the case. We will look at our decision again and make sure it was completed correctly. If you wish to appeal, it will be independent of us and the DWP.

Who is a Person Affected?

A person affected is :-

• A claimant (the person claiming the benefits)
• Someone acting on behalf of the claimant, appointed by the Courts
• Someone acting on behalf of the claimant, as agreed by us
• A landlord - only regarding who the benefit should be paid to.
• An agent - only regarding who the benefit should be paid to.
• Any person who has received overpaid benefits

Only the claimant can ask us to revise a decision concerning the calculation of entitlement. Only the landlord or agent can ask us to revise a decision about whether payment/overpayment should be managed via the landlord/agent.

What do I do if I'm not happy with a decision?

You can request further information about our decision - we will give you an explanation, sometimes over the phone. If you are still not happy you can appeal or ask for the decision to be revised.

How do I ask for a Revision?

You must write to us within one calendar month of the notification letter.

In exceptional circumstances we will extend the time limit for requesting a decision to be revised. This can be no more than 13 months. You must write to us giving reasons for not requesting a revision at the appropriate time.

Will you notify me of the outcome of a request for a revision?

After reconsidering the decision we will write to you stating the decision has been changed or that it will stay the same.

We may request further information from you to help us reach a final decision. You must provide this information within one month of being asked.

Statement of Reasons

You can ask us to provide a written Statement of Reasons. This explains how we reached our decision and doesn't affect your right of an appeal.

The time taken for us to provide the statement may extend the time limit for requesting a revision or appeal.

How do I ask The Appeal Service to look at the decision?

You must ask The Appeals Service to consider our decision, in writing, within one month of the decision notification letter.

If you previously asked us to revise the decision, you can ask for an appeal within one month of receiving our final decision.

In exceptional circumstances we will extend the time limit for requesting a decision to be revised. This can be no more than 13 months. You must write to us giving reasons for not requesting a revision at the appropriate time.

Will I have to attend the Tribunal?

Tribunals are held locally. The Appeals Service will write to you with the date, time and place of the hearing. You will be asked if you want to attend or not. If you do not attend, this is called a 'paper hearing'.

Who will be there?

In most cases the Tribunal will consist of only one panel member who is a legally qualified person. If, however, complicated financial matters are to be considered a financially qualified person will also be present. The Clerk to the Tribunal and the Council's representative may also be present.

What if I am not happy with the Tribunal's decision?

If you, or the Council, feels that the decision of the Appeal Tribunal is legally wrong you/we can appeal to the Social Security Commissioners.

Important Notes

The amount of Benefit payable is a matter between us and the claimant. Only the tenant can ask us to review the amount of Benefit payable.

If we reduce a tenant's benefit to recover an overpayment in respect of a previous address, the current landlord cannot appeal against the decision to recover that overpayment.

Contact Details

If you would like further information about Appeals, please contact Revenues & Benefits on 0121 704 6214 or email benefits@solihull.gov.uk