Housing benefit reviews and appeals

This content applies to England only.

Housing laws vary between England and Scotland. Get advice relating to Scotland

If you get a letter from the housing benefit or council tax benefit department that you do not agree with, you may need to get the decision looked at again. Find out how ask for a review or appeal and how the revision and appeal process works.

Can I ask the council to review the decision?

If you have received a decision letter or an explanation about your housing or council tax benefit that you do not agree with, you can ask for the decision to be looked at again. This is called a revision.

You might want to ask for a revision on a decision about:

  • whether you are entitled to housing benefit or council tax benefit
  • the amount of benefit you are entitled to
  • the date your benefit is paid from
  • if an overpayment amount is correct or if it should be recovered from you
  • whether your benefit is paid to you or your landlord.

How do I ask for a revision?

You have to ask for a revision in writing within one calendar month of the date on the decision letter. If the decision letter doesn’t include a written explanation, you can write to the council and ask for one. If you have to write for a written explanation, you will be given longer to appeal. The days between the council receiving your letter asking for reasons and replying to you do not count towards the one-month time limit.

Your letter should state why you think the decision is wrong and include evidence if possible. For example, if your benefit letter:

  • is wrong about the number of your children, and states, for example, that  you have two children when actually you have three, you could send in your child benefit  award letter showing that you have three children
  • shows that the council is wrong about your earnings, and says, for example, that you have been overpaid for a couple of months because the council thinks that you were earning more money than you were, you should provide copies of your payslips for those months.

If possible, hand the letter in, get a receipt and keep it somewhere safe. If you post the letter, get a certificate of posting, use recorded delivery or keep a note of the date of posting, along with a photocopy.

You can also apply for an appeal at the same time or you can wait to see if the council changes the decision first.

What happens when the decision is reviewed?

A different person to the original decision maker looks at the decision and any new information you have provided. You may also be asked for more information at this time. You will be sent a letter telling you if the original decision has been changed.

Appealing to a tribunal

If you've asked the council to review its decision, but it doesn't change its mind, you may be able to appeal to a first-tier tribunal, where a judge will look at your case and make a decision on it.

It is a good idea to get some benefits advice to help with an appeal. An adviser can look at your case, advise you on benefits law, what evidence may be needed, explain how the process works and draft a letter of appeal. Sometimes an adviser may be able to come to the tribunal with you.

How do I appeal?

You have to ask for an appeal in writing. The council may provide you with a form or you (or your adviser) could write a letter. You will have to clearly say what decision you are appealing against, why you think the decision is wrong and provide evidence if possible.

Your appeal form or letter must get to the council within one month of the date on the decision letter. If you have missed this deadline, you will have to ask for a late appeal to be accepted – make sure you set out reasons why you are applying late.

What happens after I have asked for an appeal?

You will be sent a ‘pre-hearing enquiry form’ to complete and send it back within 14 days. If the form isn’t returned in this time, the appeal process will end.

If you can’t get the form back in time, it’s very important to contact the tribunal and let them know why.

The form asks if you want an oral hearing, which you or someone representing you will need to attend, or a paper hearing, which no one attends. It also asks for details of your representative (if any, so they can send copies of your appeal papers direct to them).

An oral hearing gives you a chance to put your case in person and answer any questions about your situation.

It’s a good idea to get someone with experience of attending tribunals to represent you and present your case in the best light. If you need a translator or interpreter to attend the hearing, make sure you let the tribunal and your representative know well in advance.

Find an adviser to help with an appeal

Many Shelter advice centres have advisers specialising in welfare benefits. Most Citizen’s Advice Bureaux, councils and some housing associations also have welfare rights services. Sometimes an adviser will be able to represent you at a tribunal. Find an agency in your local area using our advice services directory.
 
Some solicitors specialise in welfare benefits law – you can find one using the Community Legal Advice directory – but you won’t get legal aid to pay for them to represent you.

Prepare for an appeal hearing

Evidence for your case will need to be prepared and sent to the tribunal. You can ask an adviser to help with this.

For an oral hearing, you will be notified of the date, time and place of the hearing –  this will be at least 14 days ahead of the hearing date. It should be held somewhere you can get to fairly easily and you will be able to claim travel expenses. If you can’t attend due to a medical condition, you can ask for the hearing to be held at your home.

For a paper hearing, you won’t be told when it will take place, so make sure you send your evidence in as soon as possible.

What happens at an appeal hearing?

An appeal hearing is heard by one legally qualified tribunal judge who is not employed by the housing/council tax benefit department or the Department for Work and Pensions. The judge looks at all the facts, considers the law and comes to a decision.

At an oral hearing, you or your representative will get a chance to explain your situation. If you are attending, try not to be nervous or emotional, and present the facts as clearly as you can. The council may send someone to put forward their arguments as well.

You can usually wait for the judge to make a decision that day, or you can wait for the decision to be sent to you in writing.

What if I don't agree with the appeal decision?

If you don’t agree with the decision of the first-tier tribunal, you could appeal to the upper tribunal, but only if you believe that the first-tier tribunal did not apply the law properly. You will need to get advice from a welfare benefits specialist adviser such as a solicitor or a welfare rights officer. 

Find out more about tribunals

The Tribunals Service can provide leaflets on how they work. You can also contact the service's customer leaflet hotline on 08700 852611.

What if I can’t appeal?

Some decisions can’t be appealed, for example, decisions about how frequently your benefit is paid.

Some decisions can be challenged in court using the judicial review process, but this can only be used to challenge the way the council made the decision, not the decision itself.

Judicial review is a complicated and expensive legal process and you’ll need to get help from a solicitor or law centre. Use the Community Legal Advice directory to find a lawyer specialising in welfare benefits. Check if you can get legal aid to help with the costs.

What if I want to make a complaint?

If you’re not happy with how your claim has been handled, you can make a complaint using the council’s formal complaints process. For example, you may wish to complain if staff have been rude or uncooperative, or it has taken an unreasonably long time to deal with your case.

There should be information about your council’s complaints procedure on their website. Find your council using the Direct.gov website. If you’re not satisfied by the council’s response, you may be able to complain to the Local Government Ombudsman.

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