Disputes (Appeals)

Who may appeal

If you disagree with a decision you can dispute the decision by:

• requesting the local authority to look at it again
• making an appeal against it

This must be done by a "person affected".  Someone is a person affected by a decision where their rights, duties or obligations are affected.  Additionally they must be:

• the claimant
• the landlord
• a person acting on behalf of the claimant

If you disagree with our decision.

If you disagree with our decision you must contact us within one calendar month of the date on your decision notice.  Any dispute should be made in writing explaining your reasons.

If you disagree with our decision but contact us after the one month timescale has expired we will write and ask you for your reasons for a late dispute.  This timescale can be extended up to 13 months in exceptional circumstances.

Decisions that cannot be appealed.

The following are examples of decisions that cannot be appealed:

• Suspension of benefit
• Payments on account (where we are waiting for a Rent Officer's valuation)
• The Rent Officer's valuation
• Applicable amounts
• Local scheme disregards, i.e. the decision to disregard, in full, a War Widows Pension
• Award or Refusal of a Discretionary Housing Payment.

When your appeal is received.

We will write a submission for the Appeals Service.  This includes a summary of the facts, relevant law, and copies of supporting documents such as your application form, decision letters, and telephone records.  A copy of this submission will also be sent directly to the person making the appeal.  We will do this within 28 days.

If you disagree with the Appeals Service decision you can ask for your case to be heard by the Social Security's Commissioner.  They will hear all the facts and reconsider the Appeals Service decision.  Their decisions set "case law" which authorities use when determining complex claims.  Social Security Commissioners decisions have also been known to change legislation.  Copies of their decisions can be viewed at www.hbinfo.org/menu2/comdecs/cdindex.htm

Statement of Reason

If you want to know how a decision has been reached you can ask for a detailed explanation  This must be made in writing.  This is called a statement of reason and you can do this at any time.  If you do this as part of the dispute process the one month timescale you have in which do dispute the decision will stop, and restart from the date the statement of reason is issued.