If you want to know more about a decision regarding your benefit entitlement, or if you think it is wrong, you should contact us as soon as possible.
If there is anything you are unclear about, we can provide you with an explanation. If you disagree with a decision you can ask us to look at it again. If we cannot change the decision we will tell you why.
If you still disagree, you have one month to appeal, from the date of the new decision.
Appealing against a decision
An appeal can be made at any time within one month of the date of your notification letter or the date of the new decision. If you have already asked for an explanation, or for us to look at the decision again, you can still appeal.
To appeal against a decision, you must write to us saying which decision you are appealing against and give your reasons for doing so. Your appeal will be heard by an independent tribunal administered by the Tribunals Service.
The Appeals Process
You can challenge our decision in a number of ways. You can:
- ask us for an explanation of the decision - you can do this either verbally or in writing;
- ask us to reconsider the decision;
- submit an appeal in writing giving reasons why you disagree with the decision.
How must an appeal be made?
An appeal must be made in writing identifying the decision you disagree with and stating the reasons why you believe the decision to be wrong. The appeal must be received in this office within one calendar month from the date we wrote to you. An appeal may only be considered outside this time limit if there are special circumstances. There is an absolute time limit of 13 months from the date of the original decision notification letter.
Who may make an appeal?
Any person affected by the claim may appeal including the claimant, landlord or landlord’s agent or an appointee.
- If you are acting on a claimant’s behalf we must have signed authority for you to do so.
- A claimant has the right to request a review of all the decisions made on the claim.
- A landlord may only be able to appeal against decisions relating to how payments are made and their frequency. But if we are pursuing a landlord for repayment of an overpayment they may also appeal about this.
Evidence required
Any relevant evidence to support your appeal should be handed in with the appeal, for example wage slips, receipts or medical certificates. You must provide originals, these will be scanned and given back to you. We recommend that you bring these documents to the Benefits office in person. We cannot accept responsibility for documents lost in the post.
Reviewing our decision
If you have asked us to reconsider our decision, we will review the assessment of your claim and notify you in writing of our findings as to whether or not the decision can be changed. You need to support any statement you make with evidence. For example, if you are disputing the income used in the assessment of the claim, you will need to provide evidence of what the correct income was in order for us to recalculate your claim. If we require further information during this process we will contact you.
If your appeal is regarding an overpayment we will, wherever possible, put any further recovery action on hold pending the outcome of the appeal.
If you are not happy with our decision after we have reviewed your case:
- You can continue your appeal to an independent tribunal, called the First-tier Tribunal. This is administered by the Tribunals Service.
- If you are not happy with the result of the First-tier Tribunal, you can seek further appeal rights through the Upper Tier Tribunal.
Taking your case to First-tier Tribunal
If you are not happy with our decision you can continue with your appeal to theTribunals Service who are an independent body. First-tier Tribunals are run by the Tribunals Service and are usually made up of one or two panel members, none of whom has any connection with the council, and who will be experts on the issues involved with the appeal.
Your case will then be prepared by the council and submitted to the Tribunals Service for consideration. TheTribunals Service will contact you directly from this point onwards. Once your appeal is accepted it will be listed for an independent hearing. TheTribunals Service will write to you telling you the date, time, and place of your hearing.You will also be asked if you wish to attend or whether you would prefer the Tribunal to consider your case without you being present.
Taking your case to the Upper Tier Tribunal
If you disagree with the decision of the First-tier Tribunal, you may be able to appeal to the Upper Tribunal. The Upper-tier Tribunal comprises of Judges and expert members, who are appointed by the Judicial Appointments Commission. They are independent of both the Department for Work and Pensions and all local councils.
A legally qualified tribunal member will decide if your appeal can be sent to the commissioners or if another tribunal should look at your appeal again.
Guidance Notes
You can ask an advice centre, solicitor, or another suitable person or organisation to help with your application. You are advised to check whether financial support is available to help with your appeal before committing yourself to legal expenses which you may be unable to meet.
Advice centres like the Citizens Advice Bureau can represent you and help you understand the reasons for benefit decisions. They can sometimes go with you to the tribunal that hears your appeal.
How to contact us |
We are open during the following times except for public holidays and certain days over Christmas (details will be available on the Council’s website during December) Phone us: phone lines open 8:30 - 5:00, Monday to Friday.
To make a new benefit claim: 01803 861158.
To report benefit fraud: 01803 861381.
Other benefit or council enquiries: 01803 861234. Email us: customer.services@southhams.gov.uk
Please note, if you email us we will acknowledge receipt of your email, but we will not deal with your request by email if it involves disclosing any personal information. We will either telephone or write to you. Write to us: SHDC, Follaton House, Plymouth Road, TOTNES, TQ9 5NE. Fax us: 01803 866151. Visit us at: Follaton House, Plymouth Road, Totnes, TQ9 5NE.
Office opening hours 8:30 - 5:00, Monday to Friday. |
