Housing and Council Tax Benefit Appeals

If you get a decision in writing from us about Housing or Council Tax Benefit, and you think the decision is wrong, you can:

Ask us to explain the reasons for the decision

You should do this straight away because if you later decide that you want us to look at the decision again, or if you want to appeal against it, you must do so within one month of the original decision letter.

You can phone, write, or visit us for an explanation, or you can email your enquiry to: benefits@herefordshire.gov.uk

If you would prefer a written explanation of how we have worked out your benefit you can ask for a written "statement of reasons". You should ask for this within one month of the date of your decision letter. We will send this to you within fourteen days or as soon as possible.

If you ask us for a "statement of reasons" then the one month time limit will be extended by the amount of time that we take to send the statement to you.

Ask us to look at the decision again

If you have received a decision letter or a "statement of reasons" from us, or if we have explained our decision and you still think it is wrong, then you can ask us to look at the decision again.

You should ask us to do this within one month of the original decision letter. Remember, if you have asked us for a written "statement of reasons", the time limit will be extended by the time it took us to send you one.

We will check our decision again. A different member of staff will do this.

If the decision is wrong, it will be changed from the date of the original decision, and you will be sent a new letter.

If we cannot change the decision, we will write to you confirming the original decision and telling you if you can appeal to the Tribunal against our decision.

Appeal against the decision

If you decide to appeal against our decision, this must be in writing and within one month of the decision letter we have sent you. You must tell us which decision you are appealing against, and the reasons why you think the decision is wrong. You can write us a letter, or you can fill in the form in the resources box at the right of the page. Forms are also available by telephoning (01432) 260333, from any customer services centre, or from the Revenues and Benefits Services enquiry office located at Franklin House, 4 Commercial Road, Hereford, HR1 2BB.

The Appeals Service will decide your appeal at a tribunal hearing. The tribunal is made up of legally qualified people who are not from the council. The tribunal looks at the evidence, the law, and the circumstances at the time that we made the decision that you are appealing against. The tribunal cannot look at any changes that have happened since we made the decision. If you have a change in your circumstances you should tell us straight away. Do not wait for the appeal hearing.

Late appeals

The Appeals Service may not be able to accept your appeal if it is received more than one month after the date of the decision letter.

They can only accept a late appeal if there were special circumstances that caused the delay. This could be a death, serious illness, absence abroad, postal strike, or another special situation.

You should explain why you could not appeal within one month, either on the form or in your appeal letter.

A legally qualified tribunal member will look at the reasons that you have given for not appealing in time, and will decide if your appeal can be accepted. They will look at:

• Whether there were special circumstances for the delay, and
• The length of time since you received the decision, and
• Whether it is in the interests of justice that your appeal is accepted, and
• Whether your appeal is reasonably likely to succeed.

Your appeal cannot be accepted in any case if your appeal is 13 months or more after the date of the decision.

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

What happens after I have made an appeal?

If we haven't already done so, we will offer you an explanation of our decision, and will look at the decision again to make sure it is correct.

If we agree that the original decision is wrong, and a new decision is to your advantage, we will send you a new decision and your appeal will stop. If you do not agree with the new decision you can appeal against it.

If the new decision is not to your advantage, we will send you a new decision and your appeal will continue against the new decision. However, you will have another month to comment on that decision.

If we do not change the decision we will send your appeal to the Appeals Service together with any relevant papers.

A copy of the papers will be sent to you, and your representative if you have one. Read these papers very carefully. If you do not understand anything, ask us to explain.

You will also receive a special form. You must fill in this form and send it to the Appeals Service within 14 days of the form being sent to you. If you do not, your appeal will stop.

You can choose between an oral hearing and a paper hearing.

Oral hearing

This is an appeal hearing you can go to. You will be able to ask questions and take someone with you to represent you if you want to. You may be asked questions by the tribunal or by a representative of the Council.

If you choose an oral hearing, but find that for some reason you can’t go, you must let the Appeals Service know. If you do not let them know, they may hear your appeal without you.

You may be able to get help with your travel expenses. You would have to contact the Appeals Service for more information. The hearing will be held locally.

Paper hearing

This is a hearing you do not go to. You will need to give the Appeals Service as much information as possible as you will not have the opportunity to answer any questions. Your appeal will be heard and the Appeals Service will tell you the result. You will not be told the date of the paper hearing in advance.

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