After reconsidering its decision the Council will write to the person affected stating that it has either changed the decision or that it will stay the same. The Council may ask for further information from the person affected before it makes a final decision. The person must provide the information within one month.
Statement of Reasons
A person affected can ask the Council to provide a written Statement of Reasons. The Statement of Reasons does not affect your right of an appeal. The statement will explain how the Council reached its decision. The time taken for the Council to provide the statement may extend the time limit for seeking a revision or seeking an appeal to the Tribunal.
How does a person ask the Appeal Tribunal to look at the Council's decision?
A person affected by a decision may ask the Appeals Tribunal consider the Council's decision. The request must be in writing and the Council must receive it within one month of the date on the decision notification letter. The Council's leaflet explaining the decision-making and appeals procedures contains a form that can be used to appeal.
Where the person affected previously asked the Council revise its decision, and has received a reply from the Council about the request, the person has one month from the date the Council advised the outcome of the request to ask for the Appeals Tribunal to cinsider their case.
In exceptional circumstances the Council can extend the time limit for seeking an appeal. The person affected must write to the Council giving grounds for not appealing at the earlier time. The Council cannot consider a request for an extension of the time limit if you make it 13 months after we issue the notice of decision.
Will the person have to attend the Tribunal?
Tribunals are held locally. The Tribunals Service will write to the person to tell them of the date, time and place of their hearing. They will also ask you if you want to attend or whether you would prefer the Tribunal to consider their case without them being present, we call this a 'paper hearing'.
Usually the Tribunal will consist of only one panel member who is a legally qualified person. If, however, they need to cinsider a complicated financial matter, 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 the Council or the person affected feels the Appeal Tribunal’s decision is wrong in law they can seek leave to appeal to the Social Security Commissioners.
If you have any further questions about appeals you can contact us using the details above.
Benefit payable is a matter between the Council and the claimant. Only the tenant can ask the Council to review the Benefit payable. If the Council reduces a tenant's benefit to recover an overpayment for a previous address, the current landlord cannot appeal against the decision to recover that overpayment.