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Disagreeing with a Benefit Decision

If you disagree with a decision we have sent you about your benefit, you can:

· ask us to explain · ask us to look at your claim again · appeal

Decisions you can't appeal against

You can ask us to look at any decision again, but decisions you cannot appeal against include:

  • the information and proof we need from you
  • if we did not look at your decision again as you asked us too late
  • the level of Local Housing Allowance or the Broad Rental Market Area you are in
  • when and how benefit is paid
  • suspending or restoring benefit
  • what 'an overpayment' means
  • the exercise of discretion to recover or not
  • the method of recovery
  • any figure laid down by law e.g. the capital limit

Making an appeal

To make a valid appeal, an appeal must:

  • be in writing or on an approved form
  • be delivered to us
  • be signed by the person making the appeal (this must be an affected person
  • give the date of the decision you are appealing and grounds for your appeal
  • be made within one month of the date of the decision you are appealing, this can be extended under certain circumstances.

Your appeal and an explanation of the decision, including the law, facts and supporting documents used to make the decision, will be sent to the First-tier Tribunal. The tribunal can only look at the evidence, the circumstances and the law at the time the decision was made. If the tribunal finds you have been getting too much money, we will reduce your benefit.

The tribunal service will decide if the appeal is to be heard and will issue you with a form. You must complete and return the form to The Tribunal Service, within the specified time limit. If not your appeal will stop. You will also have to choose between an oral hearing  and a paper hearing

The Tribunal will send you and the council a decision notice as soon as possible after the hearing.

Last modified: 19 June 2013