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Housing benefit appeals
This leaflet is intended to assist persons who wish to consider appealing against a decision taken by the Housing Benefit Department.
Seeking Advice & Assistance
This leaflet is intended to give general guidance only and is not to be treated as giving specific advice in respect of particular cases.
If you would like advice from Coventry Law Centre we offer a telephone advice service on Wednesday and Friday mornings between 10:00am and 12noon. Please call 76253167 and your call will be answered by a specialist housing advisor.
Coventry Law Centre
The Bridge
Broadgate
Coventry CV1 1NG
Tel: 024 76223053
Housing Benefit Appeals
When may you wish to appeal?
You might want to appeal against a decision of the Housing Benefit Department to refuse backdating of housing benefit. Alternatively, you may wish to appeal because you think your entitlement has been incorrectly calculated or where you have been asked to repay an alleged overpayment of housing benefit and you think there has not been an overpayment or that you should not have to repay it.
How do I appeal?
When the Housing Benefit Department issue a decision which carries a right of appeal they should inform you of that right and send you a form which you can use to lodge your appeal. Within one month of receiving notification of such a decision you have the alternative of appealing or asking the Housing Benefit Department to reconsider its decision. If the Housing Benefit Department having been asked to reconsider go on to make a new decision then this will create new appeal rights. It is crucial that you comply with all time limits notified to you in the Housing Benefit Department's letters.
How will my appeal be dealt with?
Appeals are dealt with by the Independent Tribunal Service. This organisation is not connected in any way with the Housing Benefit Department. You can rest assured therefore that you will be given an independent appeal. You will be given a choice of having your appeal dealt with by way of a consideration of the papers or having a hearing before the Appeals Tribunal. In our experience your appeal is much more likely to succeed if you request a hearing and attend the hearing to explain your case. Representation can often be obtained from Welfare Rights Advice Agencies, Law Centres or Citizens Advice Bureau.
Further appeal
It is sometimes possible to appeal against a decision of a Tribunal on housing benefit issues to the Social Security Commissioner. However, these appeals are set to be on a point of law only and permission to make such an appeal must first be obtained either from the tribunal who have made the decision or from the Social Security Commissioner. When notification of a Tribunal decision is given to you, you will receive some explanatory notes which will explain your further appeal rights to the Commissioner.
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7622 3053