HOUSING AND COUNCIL TAX BENEFIT

• Look at our decision again; or
• Pass your case to an independent tribunal that is run by the Tribunals Service

• If you do not agree with the new decision, you can ask us to look at it again.
• We will send you a letter telling you what the new decision is.

• If the decision cannot be changed, we will send you a letter telling you that we cannot change it. The letter will confirm the original decision.
• The letter will tell you if you can appeal against the original decision.
• If you can appeal, the one calendar month time limit starts again from the date of the letter confirming the decision.

• Be in writing
• Be signed by the person who has the right of appeal
• Be received by the Council within 1 month of the date of the notification of the decision against which it is made.
• Contain your reasons why you think the decision is wrong

• We will look at the decision again
• If we agree that the original decision is wrong and to change the decision would be 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 we agree that the original decision is wrong but to change it would not be to your advantage we will send you a new decision and your original appeal continues against the new decision.
• If we do not change our original decision we will send your appeal to the Tribunals Service with an explanation of the law and facts used to make the decision.
• We will send a copy of the appeal papers (known as a submission) to you and any representative you may have.
• At the same time, you will also receive a form called a TAS1, which is a pre-hearing enquiry form. You have 14 days to return this to the Tribunals Service in the envelope provided. If you do not send it back, the Appeals Service will assume you no longer wish to continue with the appeal.
• The TAS1 form asks you whether you would like an interpreter, need disabled access or what type of hearing you would prefer (oral or paper) or if you have any other outstanding appeals.

• accept your reasons for a late appeal and forward it to the Tribunals Service for a hearing or;
• not accept your reasons for a late appeal and forward it to the Tribunals Service who will consider whether they are able to accept a late appeal.

• The Chairperson for the Tribunals Service normally decides the order of proceedings.
• You have the option of taking somebody with you and being represented by another person who does not have to be professionally qualified.
• You may give evidence, call witnesses, and put questions to the Officer from the Council or to the Chairperson at the hearing
• An oral hearing can be adjourned by the Chairperson if you, any representative or officer from the Council requests it. For example; if new evidence has become available
• The Tribunals Service may pay some of your expenses for going to the hearing, for example, travel costs if you live in Great Britain. You should contact the Appeals Service for more information about this.

• A notice explaining the Chairperson's decision will be given to you at the hearing or as soon as possible afterwards, usually within 7 days.
• You may ask for an explanation of the decision. This is called a 'statement of reasons'.  You must ask for this within 1 month of receiving the decision.
• If your appeal is successful we will amend your claim as soon as we receive a copy of the decision.

• If you do not agree with the   Tribunals Service's decision you may appeal to the Social Security Commissioners.
• They are independent of the Council and Department for Works and Pensions.
• They are barristers with at least 10 years experience and are appointed by the Queen on the advice of the Lord Chancellor.

• You can only appeal to the Commissioners on a point of law
• You cannot appeal to the Commissioners about the hearings findings or it's conclusion.